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Home > Weekly Newspaper Notices > March 28, 2007

March 28, 2007

As posted in 5 daily Maine newspapers

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:


AGENCY: 94-632 - The Maine Motor Vehicle Franchise Board
9:30 am, April 6, 2007, Large Hearing Room, First Floor. Bureau of Motor Vehicles, 101 Hospital Street, 29 State House Station, Augusta, Maine 04330-0029
AGENCY CONTACT PERSON: John C. McCurry, Maine Motor Vehicle Franchise Board, Bureau of Motor Vehicles, 101 Hospital Street, 29 State House Station, Augusta, Maine 04330-0029
TELEPHONE: (207) 624 9131


AGENCY: 05-071 - Maine Department of Education
RULE TITLE OR SUBJECT: Ch. 118, Purposes, Standards, and Procedures for Educational Personnel Support Systems (formerly: Support Systems: Standards and Procedures for Operation)
CONCISE SUMMARY: The Department and the State Board of Education propose to amend the rules governing educator certification support systems. Among the amendments was the inclusion of required performance standards: Maine’s Initial Teacher Certification Standards. The proposed amendments include: an “Introduction and Timeline” clarifying effective dates and EPS funding requirements; a “Statement of Purpose” to clarify the new “Professional Learning Community” model described; revised definitions; inclusion of educational specialists with other educational personnel; the option of including educational technicians in the local support plan, at the discretion of the SAU; procedures for use by local support systems which support educators in seeking higher certification; a requirement for approved formal training for new teacher mentors; use of the National Board for Professional Teacher Standards to receive Master Teacher Certification; and a Teacher Action Plan based on Maine’s Initial Teacher Certification Standards. This rule is not major and substantive and thus is not subject to time constraints that honor legislative approval.
PUBLIC HEARING: April 19, 2007, 3:00 – 4:00 p.m., Burton Cross State Office Building, Room 103 (ATM Studio); Bangor Public Library, ATM Studio; and Presque Isle High School, ATM Studio.
AGENCY CONTACT PERSON: Daniel J. Conley, Maine Department of Education, Cross Office Bldg, 23 State House Station, Augusta Maine 04333-0023
TELEPHONE: (207) 624-6639


AGENCY: 94-348 - Maine Human Rights Commission
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
ADOPTED RULE NUMBER: 2007-104 to 107
CONCISE SUMMARY: The adopted rule repeals the existing definition of “physical or mental disability” in the above-mentioned rules and implements a new 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 prior regulatory definition is invalid because it requires a showing of a substantial limitation on a major life activity. In determining whether a person has a “physical or mental disability,” the new rule does not require a showing of a substantial limitation on a major life activity. Rather, the rule separately defines particular statutory terms and provides a general exception for common or transitory and minor conditions, as well as a list of other excepted conditions.
EFFECTIVE DATE: March 21, 2007
AGENCY CONTACT PERSON: John P. Gause, Commission Counsel, Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050

AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 805, Composite Filing
CONCISE SUMMARY: Rule 805 provides comprehensive definitions and explanations of statutory terms and procedures for filing a composite income tax return for nonresident partners, beneficiaries, or shareholders of a business entity. The amendments include technical as well as minor editorial changes that are intended to clarify definitions and provide explanations of various aspects of the program. Specifically, the amendments clarify requirements for eligibility, filing, and payment; remove a form of filing not used by entities, clarify that Qualified Subchapter S Trusts are eligible to participate in composite filing, detail the results of electing to participate in composite filing, and clarify that participants in composite filing are not liable for the tax of an unrelated participant in the composite filing.
EFFECTIVE DATE: March 25, 2007
AGENCY CONTACT PERSON: Nanette M. Ardry, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9725

AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 19, Homeless Programs Rule
CONCISE SUMMARY: The Homeless Programs Rule sets forth the eligibility requirements and funding formula for MaineHousing’s Homeless Programs Rule. Under the programs, MaineHousing provides financial assistance to shelters for homeless persons. The purpose of the proposed amendment to the Homeless Programs Rule is to implement the basic criteria for determining eligible recipients and the funding methodology developed by the Statewide Homeless Council. The amendment also makes minor technical changes to the rule.
EFFECTIVE DATE: March 25, 2007
AGENCY CONTACT PERSON: Linda Uhl, Esq., Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603

AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 450, Workers' Compensation Insurance Experience Rating
CONCISE SUMMARY: This Rule is adopted by the Superintendent to provide employers with adequate information regarding their experience modification factors and an opportunity to correct errors, to exclude aggravations of prior work-related injuries from the subsequent employer's experience modification as required by Maine law, and to establish uniform requirements respecting the applicability of experience modification factors to employers that have had a change in ownership, management, control, or operation.
EFFECTIVE DATE: March 26, 2007
CHAPTER NUMBER AND TITLE: Ch. 917, Suitability in Annuity Transactions
A. The purpose of this regulation is to set forth standards and procedures for recommendations to consumers that result in a transaction involving annuity products so that the insurance needs and financial objectives of consumers at the time of the transaction are appropriately addressed.
B. Nothing herein shall be construed to create or imply a private cause of action for a violation of this regulation.
EFFECTIVE DATE: July 1, 2007
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624- 8452