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Home > Weekly Newspaper Notices > June 27, 2007

June 27, 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: 01-001 - Maine Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 216, Rules Governing the Sale of Dogs and Cats and Importation of Dogs and Cats for Resale
PROPOSED RULE NUMBER: 2007-P144
CONCISE SUMMARY: This rule modifies the standards governing the importation of dogs and cats into the State by proposing new standards for the importation of dogs and cats for adoption as well as new testing requirements for dogs and cats imported for resale or adoption. The reason for making these rule changes is: 1) To protect the health of Maine's resident dog and cat population; 2) To provide more comprehensive standards for the health of the animals being transported into Maine for resale or adoption; and 3) To enhance consumer protection by ensuring a more healthy pool of dogs and cats being imported for resale or adoption.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §1753 and §1809
PUBLIC HEARING: July 16, 2007,10:00 a.m., Maine Department of Public Safety, Florian Hall, 45 Commerce Drive, Augusta, Maine 04333
DEADLINE FOR COMMENTS: July 26, 2007
AGENCY CONTACT PERSON: Don Hoenig, VMD, Maine Department of Agriculture, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3701



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Rule Ch. 420, Nursing Home Care Insurance and Long-Term Care Insurance
PROPOSED RULE NUMBER: 2007-P145
CONCISE SUMMARY: The purpose of this rule is to set forth ongoing requirements applicable to nursing home and long term care insurance policies issued prior to October 1, 2004.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: This rule is promulgated pursuant to the authority vested in the Superintendent of Insurance under Title 24-A MRSA §§ 212, 2736, 5052, 5053 and 5078.
PUBLIC HEARING: A public hearing will be held on July 17, 2007 at 2:00 p.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: Friday, July 27, 2007 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Rule Ch. 425, Long Term Care Insurance
PROPOSED RULE NUMBER: 2007-P146
CONCISE SUMMARY: The purposes of this rule are to implement the Long-Term Care Insurance law, 24-A MRSA §§ 5071-5080, to promote the public interest, to increase the availability of long-term care insurance coverage, to protect applicants for long-term care insurance from unfair or deceptive sales and enrollment practices, to facilitate public understanding and comparison of long-term care coverages, and to encourage flexibility and innovation in the development of long-term care insurance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: The Superintendent of Insurance (the superintendent) adopts this rule pursuant to the authority vested in him by 24 MRSA §§ 2316 and 2321 and by 24-A MRSA §§ 212, 2412, 2413, 2414, 2736, 5071, 5072, 5073, 5074, 5075, 5077, 5078 and 5080.
PUBLIC HEARING: A public hearing will be held on July 17, 2007 at 1:00 p.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: Friday, July 27, 2007 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8452



AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE: Ch. 415, Reasonable Costs for Handling and Recycling of Electronic Wastes
PROPOSED RULE NUMBER: 2007-P147
CONCISE SUMMARY: Pursuant to citizen petition, the Department of Environmental Protection is initiating proceedings to amend Ch. 415 of its rules. Ch. 415 sets forth sets forth the procedure for annual approval of electronic waste consolidators. A consolidator must be approved under Ch. 415 in order to be eligible for reimbursement by TV and computer manufacturers. Maine law at 38 MRSA §1610(5)(D) requires the manufacturers to pay the "reasonable" costs of consolidating waste computer monitors and TVs for recycling." The petitioners are asking that the rule be amended to authorize the department to add consolidators to the list before the annual review process, which currently is undertaken in the last quarter of each year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §1610(5)(D)(1)
PUBLIC HEARING: The board does not plan to hold a public hearing on the proposed amendment. You may request a hearing by submitting your request in writing to the address below on or before the comment deadline below. The request must describe your interest in the amendment and state why you believe a hearing is warranted.
DEADLINE FOR COMMENTS: You are invited to submit written comments on the proposed amendment, a copy of which can be obtained from the contact person below. The deadline for written comment is Friday, July 27, 2007. Comments may be submitted by mail, e-mail or FAX. Include your name and the organization you represent, if any.
CONTACT PERSON. Address comments to:
Carole Cifrino, DEP-BRWM, 17 State House Station, Augusta, ME 04330
TELEPHONE: (207) 287-7720
FAX: (207) 287-7826
E-MAIL: Carole.A.Cifrino@maine.gov



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-P148
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
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.01(D), Hunting Seasons for Upland Game (Ruffed Grouse)
PROPOSED RULE NUMBER: 2007-P149
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to change the hunting season for ruffed grouse (partridge) by eliminating the month of December from the current season.
TIDS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: Wednesday, July 18, 2007, Farmington Municipal Building, 153 Farmington Falls Road, Farmington, ME - 6:30 p.m.
DEADLINE FOR COMMENTS: July 30, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual, Ch. III Section 97, Private Non-medical Institution Services
ADOPTED RULE NUMBER: 2007-244
CONCISE SUMMARY: These are major substantive rules approved by the Maine State Legislature. The Department is adopting emergency rules currently in effect with this ru1emaking that provide relief to a group of MaineCare eligible individuals with mental retardation. These individuals require personal support services, assistance with various activities of daily living, assistance and monitoring of medications, assistance and treatment of various medical conditions. The Department covers these services under Private Non-Medical Institution (PNMI) services, Appendix F (Non-Case Mixed Medical and Remedial PNMIs). This rule amends Appendix F to allow services to be provided in several facilities, also called "scattered sites."
EFFECTIVE DATE: July 15, 2007
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)



AGENCY: 05-071 – Department of Education
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations for Teachers, Education Specialists and Administrators
ADOPTED RULE NUMBER: 2007-245
CONCISE SUMMARY: The revisions are these:
PRAXIS II tests and test scores have been added to the charts for pre-k early childhood, blind, health, theater and PLT.
A new PRAXIS II test and score has been added to the #282 teacher of disabled students birth to age 5, with a period of time which allows a person to take the old test requirement or the new one.
There was no score set for the teacher of the deaf/hearing impaired because of lack of valid data. Educational Testing Service will work with Maine and convene a standard setting panel at Baxter School over the following school year. There will be no minimum score required for applicants receiving this endorsement until such time as a specific score is set. See Section 3.4.A.
Section 3.11. Out-of-state certificate holders will not need to take PRAXIS I/PPST or PL T. They will only need the PRAXIS II Content area assessment.
EFFECTIVE DATE: June 23, 2007
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station #23, Augusta, ME 04333
TELEPHONE: (207) 624-6669



AGENCY: 05-071 - State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 115, Certification, Authorization, and Approval of Educational Personnel, Part II, Requirements for Specific Certificates and Endorsements
ADOPTED RULE NUMBER: 2007-246
CONCISE SUMMARY: This rule is being amended to include the addition of a new certificate, the Interim Superintendent Certificate, which would allow a school superintendent whose superintendent certificate had lapsed to be employed in a school district as an interim superintendent for a period of up to two years; the removal of reference to the current testing requirement for a targeted need certificate for pre lingually deaf certification candidates; the inclusion that community college courses are ace[table with a minimum grade of "C" and part of an articulated agreement with a regionally accredited four-year college; the waiving of student teaching with a waiver to teach from the Commissioner and a support team; the addition of a new endorsement - Early Childhood (Birth to School age 5) and, the addition of clarifying language that was inadvertently deleted in a prior rule revision in the following teacher endorsements; middle level, foreign language, literacy specialist, and career and technical.
EFFECTIVE DATE: July 18, 2007
AGENCY CONTACT PERSON: Joanne C. Holmes, Federal Liaison, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6669



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 324, ConnectME Tax Reimbursements
ADOPTED RULE NUMBER: 2007-247
CONCISE SUMMARY: The rule provides guidance for taxpayers on how to qualify and apply for reimbursement of Maine sales and use taxes under 36 MRSA §2017. A rule on this topic was mandated by the Legislature in PL 2005, Ch. 665, the purpose of which is to facilitate the expansion of broadband and wireless service throughout the State of Maine.
EFFECTIVE DATE: July 19, 2007
AGENCY CONTACT PERSON: Scott E. Schul, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9747
E-MAIL: scott.e.schul@maine.gov



AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
CHAPTER NUMBER AND TITLE:
Ch. 1, General Provisions;
Ch. 10, Land Use Districts and Standards
ADOPTED RULE NUMBER: 2007-248 and 249
CONCISE SUMMARY: Chapter 1 of the Commission’s rules establishes a fee schedule for the Commission. This revision attempts to create a more equitable method of establishing application fees based on an initial base fee and then additions based on the amount of development proposed. Those projects with larger and more intensive, and typically more complex and staff time consuming applications, will be required to pay a fee more commensurate with the proposed development. A minor change was also made to Chapter 10 of the Commission’s rules to be consistent with the changes to Chapter 1.
EFFECTIVE DATE: July 23, 2007
AGENCY CONTACT PERSON: Scott Rollins, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-4935
E-MAIL: scott.rollins@maine.gov



AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Electronic Filing - Ch. 1 Section 7; Ch. 8 Sections 13 and 16; and Ch. 3 Section 4
ADOPTED RULE NUMBER: 2007-250 through 252
CONCISE SUMMARY: The Board sought additional comments regarding its electronic filing rule. Section 4(1)(0)(2) has been added to permit waivers in individual cases; and, Section (3)(C)(2)(b) has been added to make data number 200 (Claim Administrator Alternative Postal Code) mandatory effective April 1, 2007.
EFFECTIVE DATE: June 24, 2007
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 8, Landings Program, Dealer Comprehensive Reporting, Consolidation & Updates
ADOPTED RULE NUMBER: 2007-253
CONCISE SUMMARY: These adopted rules consolidate and update all dealer reporting requirements by standardizing reported data elements and requiring dealers to report on all species landed. This creates a comprehensive reporting program for all species landed, bringing Maine further into compliance with the Atlantic Coastal Cooperative Statistics Program and various fisheries management plans. Comprehensive data will enable the DMR to improve its monitoring and management of Maine’s fisheries.
RULE TITLE OR SUBJECT: Ch. 50.02, Spiny Dogfish, Trip Limit – proposed increase and notice of quota closure; and Ch. 50.03 & Ch. 8, Landings Program – Reporting for Dogfish
ADOPTED RULE NUMBER: 2007-254 and 255
CONCISE SUMMARY: This adopted regulation implements this increase in the trip limit for spiny dogfish in Maine’s territorial waters from 600 to 3,000 pounds when a concurrent federal and state waters closure is not in effect. When the annual quota for dogfish has been reached the public will be informed by public notice in a newspaper of statewide circulation. This amendment provides compliance with the ASMFC Fisheries Management Plan for spiny dogfish.
Additionally, in order to track the commercial landings of dogfish taken from territorial waters reporting regulations have been adopted in accordance with the DMR Landings Program and the Atlantic Coastal Cooperative Statistics Program.
RULE TITLE OR SUBJECT: Ch. 34, Technical amendments
ADOPTED RULE NUMBER: 2007-256
CONCISE SUMMARY: This rulemaking adopts two amendments in Ch. 34. First, to remove section 34.01, Nonresident Groundfish Reporting Regulations, which is out of date and no longer necessary; and second to add the season dates of July 1 through November 30 to the whiting regulations for consistency with the federal whiting rules.
RULE TITLE OR SUBJECT: Ch. 34.10(1)(A)(5), Methods of mesh measurements [Groundfish Management Plan, Definition for Federal Mesh Size Consistency]
ADOPTED RULE NUMBER: 2007-257
CONCISE SUMMARY: The pressure or pull of 5 kg used to measure mesh size is changed to 8 kg. This amendment provides compliance and consistency with new Federal regulations effective May 1, 2007 in 50 CFR §648.80 NE Multispecies regulated mesh areas and restrictions on gear and methods of fishing. The increased weight used to measure mesh size is intended to improve the accuracy of measurements of fishing net mesh size.
EFFECTIVE DATE: June 25, 2007
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, Attn.: L. Churchill, P.O. Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
TTY: (207) 633-9500



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE:
AMENDED Emergency Rule - Ch. 32, Rules for the Licensing of Child Care Facilities
ADOPTED RULE NUMBER: 2007-258
CONCISE SUMMARY: The amended emergency rule will encourage safe physical activity. Pursuant to 5 MRSA §8054, the Department has determined that immediate adoption of these amended emergency rules provide regulatory protection for children who participate in swimming and wading activities while attending a child care facility licensed by Maine. There will still be a second public hearing on July 9, 2007 at 6 p.m. on PROPOSED Swimming pool rules. Go to link for more information: http://www.maine.gov/sos/cec/rules/notices/2007/062007.htm.
Accordingly, this amended emergency rule includes the following requirements:
1. A water safety attendant must be trained in rescue techniques.
a. Every three (3) years, swimming pool water safety attendants must complete basic water safety and rescue training in non-swimming rescue techniques in a program of instruction approved by the Department. Non-swimming rescue techniques include competency in the use of a light, strong pole not less than twelve feet (12') long, with a body hook.
b. Wading pool water safety attendants must hold a valid CPR certificate and a valid first aid certificate.
2. A water safety attendant must be present during swimming activities when a swimming pool is sixteen feet (16') or less in width.
3. If a non-swimming rescue is not feasible in a pool that is sixteen feet (16') or less in width, a lifeguard must be on duty instead of a water safety attendant.
4. A lifeguard must be present during swimming activities when a swimming pool is more than sixteen feet (16') wide.
5. A swimming instructor determines the use of appropriate flotation devices, if any, during swimming lessons.
6. A water safety attendant or a lifeguard must be present, as required by these rules, during off-site swimming and wading activities. The child care facility must bring water safety attendants or lifeguards if none is present at the off-site destination.
The AMENDED emergency rule, the emergency 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/rulemaking/index.shtml. Call (207) 287-9254 to have a paper copy of the rule mailed to you.
EFFECTIVE DATE: June 20, 2007
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: 1 (800) 791-4080
TTY TOLL FREE: 1 (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
CHAPTER NUMBER AND TITLE:
AMENDED Emergency Rule - Ch. 33, Rules for Family Child Care Providers.
ADOPTED RULE NUMBER: 2007-259
CONCISE SUMMARY: The amended emergency rule will encourage safe physical activity. Pursuant to 5 MRSA § 8054, the Department has determined that immediate adoption of these amended emergency rules provide regulatory protection for children who participate in swimming and wading activities while attending a family child care licensed by Maine. There will still be a second public hearing on July 9, 2007 at 6 p.m. on PROPOSED Swimming pool rules. Go to link for more information: http://www.maine.gov/sos/cec/rules/notices/2007/062007.htm.
Accordingly, this amended emergency rule includes the following requirements:
1. A water safety attendant must be trained in rescue techniques.
a. Every three (3) years, swimming pool water safety attendants must complete basic water safety and rescue training in non-swimming rescue techniques in a program of instruction approved by the Department. Non-swimming rescue techniques include competency in the use of a light, strong pole not less than twelve feet (12') long, with a body hook.
b. Wading pool water safety attendants must hold a valid CPR certificate and a valid first aid certificate.
2. A water safety attendant must be present during swimming activities when a swimming pool is sixteen feet (16') or less in width.
3. If a non-swimming rescue is not feasible in a pool that is sixteen feet (16') or less in width, a lifeguard must be on duty instead of a water safety attendant.
4. A lifeguard must be present during swimming activities when a swimming pool is more than sixteen feet (16') wide.
5. A swimming instructor determines the use of appropriate flotation devices, if any, during swimming lessons.
6. A water safety attendant or a lifeguard must be present, as required by these rules, during off-site swimming and wading activities. The family child care must bring water safety attendants or lifeguards if none is present at the off-site destination.
The AMENDED emergency rule, the emergency rule, and the entire Rules for Family Child Care Providers are available on the Division of Licensing and Regulatory Services' website http://www.maine.gov/dhhs/dlrs/rulemaking/index.shtml. Call (207) 287-9254 to have a paper copy of the rule mailed to you.
EFFECTIVE DATE: June 20, 2007
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: 1 (800) 791-4080
TTY TOLL FREE: 1 (800) 606-0215
FAX: (207) 287-9252
E-MAIL: peter.mauro@maine.gov



AGENCY: 95-629 - Dirigo Health
CHAPTER NUMBER AND TITLE: Ch. 4, Rules of Practice and Procedure Governing Adjudicatory Proceedings
ADOPTED RULE NUMBER: 2007-260
CONCISE SUMMARY: These Rules, adopted pursuant to the Dirigo Health Act, establish Rules of Practice and Procedure Governing Adjudicatory Proceedings.
EFFECTIVE DATE: June 26, 2007
AGENCY CONTACT PERSON: Gloria Tomsa, Director of Operations, Dirigo Health Agency, 53 State House Station, 211 Water Street, Augusta, ME 04333-0053
TELEPHONE: (207) 287-9963