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Home > Weekly Newspaper Notices > June 20, 2007

June 20, 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: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
RULE TITLE OR SUBJECT: Ch. 32, Rules for the Licensing of Child Care Facilities
       Please note, this 2nd public hearing is being held in the evening.
PROPOSED RULE NUMBER: 2007-P105
CONCISE SUMMARY: The rule will provide regulatory protection for children who participate in water activities while attending a child care facility licensed by Maine. The Department has reviewed current licensing rules and concluded that more specific regulatory language is needed for child care facility licensees who provide swimming/wading activities for children.
Accordingly, this rule includes:
1. definitions of a swimming pool, wading pool and water safety attendant;
2. staff training requirements;
3. mandatory written parental permission for children to participate in swimming/wading activities;
4. posted pool safety rules; and
5. documented identification of children who are non-swimmers.
In addition, the rule includes the following requirements:
6. The child care facility must have a water safety attendant present during swimming/wading activities;
7. The water safety attendant does not count toward compliance with the staff-to-child ratios;
8. On-premises pools must be registered by the child care facility with the DHHS Maine Center for Disease Control and Prevention; and
9. Pools must be operated in compliance with DHHS, MeCDC, Division of Environmental Health Rules Relating to Public Swimming Pools and Spas. http://www.maine.gov/sos/cec/rules/10/144/144c202.doc.
The proposed swimming pool rule and the entire Rules for the Licensing of Child Care Facilities are available on the Division of Licensing and Regulatory Services’ website at
http://www.maine.gov/dhhs/dlrs/public_hearings/home.html. Call (207) 287-9254 to have a paper copy of the rule mailed to you.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 8301-A, 8302-A and 8402-A
PUBLIC HEARING: Monday, July 9, 2007, 6 p.m., Conference Room, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, Maine. Please note, this 2nd public hearing is being held in the evening.
DEADLINE FOR COMMENTS: July 19, 2007 at the close of business
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE:(207) 287-9254. TOLL FREE: (800) 791-4080
TTY TOLL FREE: (800) 606-0215
FAX: (207) 287-9252
E-MAIL: peter.mauro@maine.gov



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
RULE TITLE OR SUBJECT: Ch. 33, Rules for Family Child Care Providers
       Please note, this 2nd public hearing is being held in the evening.
PROPOSED RULE NUMBER: 2007-P106
CONCISE SUMMARY: The rule will provide regulatory protection for children who participate in water activities provided by family child care providers licensed by Maine. The Department has reviewed current licensing rules and concluded that more specific regulatory language is needed for family child care provider licensees who provide swimming/wading activities for children.
Accordingly, this rule includes:
1. definitions of a swimming pool, wading pool and water safety attendant;
2. staff training requirements;
3. mandatory written parental permission for children to participate in 4. swimming/wading activities;
4. posted pool safety rules; and
5. documented identification of children who are non-swimmers.
In addition, the rule includes the following requirements:
6. The family child care provider must have a water safety attendant present during swimming/wading activities;
7. The water safety attendant does not count toward compliance with the staff-to-child ratios;
8. On-premises pools must be registered by the family child care provider with the DHHS Maine Center for Disease Control and Prevention; and
9. Pools must be operated in compliance with DHHS, MeCDC, Division of Environmental Health Rules Relating to Public Swimming Pools and Spas,http://www.maine.gov/sos/cec/rules/10/144/144c202.doc.
The proposed swimming pool rule and the entire Rules for Family Child Care Providers are available on the Division of Licensing and Regulatory Services’ website at
http://www.maine.gov/dhhs/dlrs/public_hearings/home.html. Call (207) 287-9254 to have a paper copy of the rule mailed to you.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 8301-A, 8302-A and 8402-A
PUBLIC HEARING: Monday, July 9, 2007, 6 p.m., Conference Room, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, Maine. Please note, this 2nd public hearing is being held in the evening.
DEADLINE FOR COMMENTS: July 19, 2007 at the close of business.
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9254. TOLL FREE: (800) 791-4080
TTY TOLL FREE: (800) 606-0215
FAX: (207) 287-9252
E-MAIL: peter.mauro@maine.gov



AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT:
Ch. 2 Section 3, Collection of permanent impairment data
Ch. 15, Penalties: Section 3, Assessment of Penalties under 39-A MRSA §205; Section 6, Assessment of Forfeitures under 39-A MRSA §324(2); and Section 9. Assessment of Penalties under §360(1)
PROPOSED RULE NUMBER: 2007-P138 and P139
CONCISE SUMMARY: The amendment to Ch. 2 §3 implements 39-A MRSA §213(2) which requires permanent impairment ratings for all cases involving permanent injury.
The amendments to Ch. 15 permit the Executive Director to designate an individual to decide certain matters in the Abuse Investigation Unit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA §§ 152(2), 213(2), and 152(7)
PUBLIC HEARING: Monday, July 9, 2007, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Thursday, July 19, 2007, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: (207) 287-7086



AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Amendment to Ch. 266, Hemlock Woolly Adelgid Quarantine
PROPOSED RULE NUMBER: 2007-P140
CONCISE SUMMARY: This proposed rule modifies the existing Hemlock Woolly Adelgid quarantine by adding six towns in Maine and additional counties in other states that have been found to be infested with this pest to the area under quarantine. It also simplifies some of the reporting requirements imposed on State Plant Regulatory Officials in states that are free of this pest.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA, Chapter 409, §§ 2301-2303
PUBLIC HEARING: July 9, 2007 at 3:00 p.m. at York County Cooperative Extension Office, 21 Bradeen Street, Springvale.
DEADLINE FOR COMMENTS: 4:00 p.m. on Monday, July 23, 2007
AGENCY CONTACT PERSON: E. Ann Gibbs, State Horticulturist, Division of Plant Industry, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3891
FAX: (207) 624-5025
E-MAIL: ann.gibbs@maine.gov
WEBSITE: http://www.maine.gov/agriculture/pi/



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 206, Requirements for Eligible Telecommunications Carriers
PROPOSED RULE NUMBER: 2007-P141
CONCISE SUMMARY. With this notice, the Public Utilities Commission initiates rulemaking to establish procedures and standards for designating carriers as Eligible Telecommunications Carriers (ETCs) qualified to receive high-cost federal Universal Service Fund (USF) support.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111; 47 U.S.C. §214(e)(2)
PUBLIC HEARING: July 12, 2007 at 3:00 p.m., Public Utilities Commission, 242 State Street, Augusta; Maine
COMMENT DEADLINE: Pre-hearing comments may be filed no later than July 6, 2007 Comments may also be filed after the hearing, no later than July 27, 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: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 36, Proposed Statement for Administering the 2008 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2007-P142
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §13058, Sub-section 3
PUBLIC HEARINGS:

July 10, 2007, 10:00 a.m.
DECD West Conference Room
Burton Cross Building 3rd Floor
111 Sewall Street
Augusta, Maine 04333
August 17, 2007, 9:45 a.m.
Augusta Lodge B.P.O.E. Number 964
Civic Center Drive
Augusta, Maine 04338
DEADLINE FOR COMMENTS: August 29, 2007 at 4:00 p.m.
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager, Department of Economic and Community Development, Office of Community Development, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2007-P143
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine’s inland fisheries, and enhance fishing opportunities throughout the State. All of the proposals may be discussed at any of the 3 public hearings listed below. The list of proposals may be obtained from the Agency Contact Person. Anyone unable to attend a public hearing may submit written comments on any of the proposals.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARINGS:
Greenville High School, Greenville – July 10, 2007, 6:30 p.m.
Ramada Inn, 357 Odlin Rd, Bangor – July 17, 2007 – 6:30 p.m.
Princeton Elementary School, Main Street, Princeton – July 19, 2007 – 6:30 p.m.
DEADLINE FOR COMMENTS: August 17, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov


ADOPTIONS



AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE:
Amendment to Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine, and
Amendment to Ch. 255, Imported Seed Potatoes
ADOPTED RULE NUMBER: 2007-237 and 238
CONCISE SUMMARY: The Department provisionally adopted amendments to two major substantive rules on February 15, 2007. The Maine Legislature has just completed its review and enacted emergency legislation that has been signed by the Governor allowing them to go into effect immediately. The two amendments to Chapter 252 will (1) require testing of all other seed lots once Bacterial Ring Rot is identified on a seed farm and (2) increase the entrance fee from $24.00 too $26.00 per acre. The amendment to Chapter 255 will increase import fees to $25.00 per application plus an additional $0.10 per hundred-weight charge in 2007 with the additional hundred-weight charge being increased to $0.20 in 2008 and beyond.
EFFECTIVE DATE: July 8, 2007
AGENCY CONTACT PERSON: Robert I. Batteese, Jr., Division of Plant Industry, 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-3891



AGENCY: 14-118 - Department of Health and Human Services, Office of Substance Abuse, Driver Education and Evaluation Programs
CHAPTER NUMBER AND TITLE: Ch. 2, Driver Education and Evaluation Programs Procedure Manual
ADOPTED RULE NUMBER: 2007-239
CONCISE SUMMARY: The Office of Substance Abuse, Driver Education and Evaluation Programs (DEEP) adopt the following revisions to Ch. 2, Driver Education and Evaluation Programs Procedure Manual: 1) delete obsolete rules pertaining to the Moving Ahead Program which was replaced by the Under 21 Program as of July 1, 2005; 2) revise/establish definitions to comply with and/or clarify current practices and expectations; 3) require the presence of the clinician when the clinician is receiving compensation for client activities or interactions that have the purpose of attaining treatment goals or completing required aftercare; 4) clarify that a list of names (at least three names - to comply with statute) is being provided to those DEEP clients referred for evaluation and/or treatment; 5) revise the description of information given to the client when referred for evaluation and/or treatment; 6) adjust fees to ensure the Driver Education and Evaluation Program (DEEP) remains revenue neutral; 7) revise peer supervision group rule to permit other licensed addiction professionals to serve as the required group member; 8) revise clinical supervision rules to clarify the role of the clinical supervisor; and 9) clarify that a minimum of one (l) contact hour per week over a period of not less than thirty (30) days of aftercare is required prior to submission of forms for consideration of treatment for those clients who receive treatment within a halfway house, pre-release center, and residential rehabilitation program and that the aftercare shall be completed after discharge from the program.
EFFECTIVE DATE: July 1, 2007
AGENCY CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist, Office of Substance Abuse – DEEP, Eastside Campus, Marquardt Building, 3rd Floor, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-2595
TTY: 1 (800) 606-0215