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Home > Weekly Newspaper Notices > July 25, 2007

July 25, 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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 206, Requirements for Eligible Telecommunications Carriers
PROPOSED RULE NUMBER: 2007-P141 (comment deadline extended)
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: was held on July 12, 2007 at 1:30 p.m., Public Utilities Commission, 242 State Street, Augusta, Maine
COMMENT DEADLINE: extended to August 6, 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: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 318, Wells and Plymouth Waste Oil Clean-up Program
PROPOSED RULE NUMBER: 2007-P165
CONCISE SUMMARY: The amendment is necessary to address changes to the law governing the program as set forth in PL 2007, Chapter 220 ("An Act to Provide Additional Financing for Costs Associated with the Remediation of a Waste Oil Site in Plymouth"). The amendment re-opens the program and expands the eligible uses of the Waste Oil Clean-Up Fund to include payment of remedial action costs, regulatory oversight costs, and de minimis settlements. The amendment also implements PL 2004, Chapter 537, affecting certain loan insurance provisions which had become obsolete.
The rule amendment was adopted on an emergency basis on July 2, 2007.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON COUNTIES OR MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §§ 969-A(14), 1023-L(3-A), 1026-R(3) (reallocated from 1026-Q(3)), 1023-M(3)and 1026-S
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: Written comments are requested on or before August 31, 2007.
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 ext. 3515 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095 (FAX)



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 150, Control of Emissions from Outdoor Wood Boilers
PROPOSED RULE NUMBER: 2007-P166
CONCISE SUMMARY: The Department is proposing a new rule that establishes requirements for the sale and installation of new outdoor wood boilers, including particulate emission standards, requirements for setback from neighboring properties, a minimum stack height and provisions for the sell-through of existing inventory. The proposed rule also contains general provisions that apply to all outdoor wood boilers. These include prohibited fuels, allowed fuels, notice to buyers, owner manual requirements and a method to address nuisance conditions. Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/proposed.htm.
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA §§ 585-A and 610-B
PUBLIC HEARING: August 16, 2007, 1:00 p.m., Civic Center, Augusta, Maine
DEADLINE FOR COMMENTS: August 31, 2007, 5:00 p.m.
AGENCY CONTACT PERSON: Carolyn Wheeler or Ron Severance, Bureau of Air Quality Control, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437
FAX: (207) 287-7641



AGENCY: 10-148 - Department of Health and Human Services, Office of Child and Family Services
RULE TITLE OR SUBJECT:
Ch. 16, Rules Providing for the Licensing of Family Foster Homes for Children, and
Ch. 15, Rules Providing for the Licensing of Specialized Children’s Foster Homes
PROPOSED RULE NUMBER: 2007-P167 and P168
CONCISE SUMMARY: These rules describe the procedures and requirements for licensing of Family Foster Homes for Children and for licensing of Specialized Children’s Foster Homes. The rules are designed to protect the safety, well-being and development of children in state custody.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §8102
PUBLIC HEARINGS:
August 13, 2007 at 6:00 p.m. at DHHS, 161 Marginal Way, Portland, Maine
August 15, 2007 at 6:00 p.m. at DHHS, 35 Anthony Avenue, Augusta, Maine
August 16, 2007 at 6:00 p.m. at DHHS, 396 Griffin Road, Bangor, Maine
August 20, 2007 at 6:00 p.m. at DHHS, 30 Skyway Drive, Unit 100, Caribou
DEADLINE FOR COMMENTS: August 30, 2007
AGENCY CONTACT PERSON: Linda Brissette, Department of Health and Human Services, Office of Child and Family Services, 221 State Street, Augusta, Maine 04333
TELEPHONE: (207) 287- 5060



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulations
RULE TITLE OR SUBJECT: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
PROPOSED RULE NUMBER: 2007-P169
CONCISE SUMMARY : The changes to Chapter 346 are necessary to avoid threats to the public health of Maine consumers, and to maintain Equal-To status with USDA, Food Safety Inspection Service (FSIS) These changes incorporate the 2007 version of federal regulations that serve to guard against the contamination of ready-to-eat product with Listeria monocytogenes, ensure the surveillance of Salmonella sp. in raw and ready-to-eat products, ensure the surveillance and recall of products contaminated with E.coli O157:H, , ensure the removal of the Specific Risk Materials (SRMs) of Bovine Spongiform Encephalopathy (BSE), and implement the rules of practice necessary to suspend and/or withdraw operations at inspected establishments that experience significant sanitation and product contamination violations.
In addition technical rule changes are made to Section 7, Subsections 3, 6 and Subsection 10 has been added to require the implementation of appropriate public health principles when using 180 F hot water or chemical agents when sanitizing food contact surfaces in meat and poultry slaughter and processing establishments.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §2513
PUBLIC HEARING): August 14, 2007, 10:00 a.m., Department of Agriculture, Deering Bldg, Room 319, 90 Blossom Lane, Augusta Maine 04330
DEADLINE FOR COMMENTS: August 24, 2007
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.95(1), Monhegan Island Lobster Conservation Area, Open Season and Trap Limit
PROPOSED RULE NUMBER: 2007-P170
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area, 250 day annual open lobster fishing season, is proposed to begin October 1st and end June 7th. The maximum trap limit would be amended from 600 to 300. These amendments are proposed for consistency with recent changes in the law 12 MRSA §6472 that became effective June 4, 2007.
STATUTORY AUTHORITY: 12 MRSA §6472 and §6171
PUBLIC HEARING: None.
RULE TITLE OR SUBJECT: Ch. 25.95(1), Monhegan Island Lobster Conservation Area, Apprenticeship program and reporting
PROPOSED RULE NUMBER: 2007-P171
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area apprentice program fishing days would be amended from 150 to 200 for conformity with 12 MRSA §6475, sub-§1, B, effective June 4, 2007. Also, 100% lobster harvester reporting would be required on a monthly basis.
STATUTORY AUTHORITY: 12 MRSA §6475, §6171 and §6173
RULE TITLE OR SUBJECT: Ch. 25.12, Alternative bait labeling
PROPOSED RULE NUMBER: 2007-P172
CONCISE SUMMARY: The Commissioner proposes labeling requirements for alternative baits used in the lobster/crab industry. Concerns raised by the industry about the contents of alternative or artificial baits have been expressed in a recommendation by the Lobster Advisory Council to require that manufacturers list all ingredients on packages of artificial or alternative bait. Currently the only standard is that a person may not use offal as bait to fish for or take lobster (12 MRSA §6432-A). The proposed effective date would be January 1, 2008.
STATUTORY AUTHORITY: 12 MRSA §6175
AGENCY CONTACT PERSON: Sarah Cotnoir (tel: 207-624-6596)
PUBLIC HEARINGS: Tuesday, August 14, 2007, 6:00PM*, DMR Large Conference Room, 194 McKown Point Rd, West Boothbay Harbor
*Public hearings for Chapter 25 Monhegan (apprentice and reporting) and Chapter 25 Alternative Bait labeling (see separate rulemaking notices) will be held on August 14, 2007, beginning with the hearing on Monhegan rules at 6:00 P.M., and being followed by a separate hearing on Alternative bait labeling, immediately upon the conclusion of the previous hearing.
If you are unable to attend a hearing persons are encouraged to submit written comments from the receipt or posting of this notice through the deadline listed.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS**: Friday, August 24, 2007
**MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing).
HEARING FACILITIES: If you require accommodations due to disability, please contact Kim Pierce, at (207) 287-5055



AGENCY: 10-148 - Department of Health and Human Services. Office of Child and Family Services
RULE TITLE OR SUBJECT: Ch. 201, Procedures for the Abuse and Neglect Substantiation Process and for Appeals for Persons Substantiated as Perpetrators of Abuse or Neglect of Children
PROPOSED RULE NUMBER: 2007-P173
CONCISE SUMMARY: The Department of Health and Human Services establishes these procedures to govern the substantiation of findings of abuse and neglect of children where the department has conducted an assessment of allegations of abuse and neglect. These procedures set the process to notify and provide an appeal to persons who have been substantiated by the Department of Health and Human Services as having abused or neglected a child or children.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: The Department adopts these rules pursuant to 22 MRSA §42(1). These rules are necessary for the successful operation of the Child and Family Services and Child Protection Act, 22 MRSA §4001 et seq. Specifically, these rules are necessary to the Department’s obligation to determine the degree of harm or threatened harm to each child in each case that comes to its attention, pursuant to 22 MRSA §4004(2)(C).
PUBLIC HEARINGS:
August 21, 2007 at 6 p.m. at Portland DHHS Office, 161 Marginal Way, Portland, Maine
August 22, 2007 at 6 p.m. at Augusta Central Office DHHS, 221 State Street, Augusta, Maine
August 27, 2007 at 6 p.m. at Caribou DHHS Office, 30 Skyway Drive, Caribou, Maine
August 28, 2007 at 6 p.m. at Bangor DHHS Office, 396 Griffin Road, Bangor, Maine
DEADLINE FOR COMMENTS: September 12, 2007
AGENCY CONTACT PERSON: Virginia S. Marriner, Department of Health and Human Services, 221 State Street, Augusta, ME 04333
TELEPHONE: (207) 287-5060



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 4, Marketing Areas
PROPOSED RULE NUMBER: 2007-P174
CONCISE SUMMAR: The principal reason for this rulemaking is the need to establish milk marketing areas within the State of Maine in accordance with 7 M.RS.A. §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2954
PUBLIC HEARING: August 17, 2007, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: August 28, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521


ADOPTIONS



AGENCY: 05-071 - Maine Department of Education
CHAPTER NUMBER AND TITLE: Ch. 118, Purposes, Standards, and Procedures for Educational Personnel Support Systems (formerly: Support Systems: Standards and Procedures for Operation)
ADOPTED RULE NUMBER: 2007-293
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 SAD; 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.
EFFECTIVE DATE: July 22, 2007
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
E-MAIL: dan.conley@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Eligibility Manual, Rev. #236A: Citizenship and Identity Verification Requirements for MaineCare Eligibility
ADOPTED RULE NUMBER: 2007-294
CONCISE SUMMARY: This Final Rule establishes MaineCare eligibility procedures that implement several new federal requirements Congress established in the Deficit Reduction Act of 2005. The Act and guidance from the federal Centers for Medicare & Medicaid Services require MaineCare to obtain proof of applicants' American citizenship or national status when they apply for medical assistance or have their eligibility re-determined. The Final Rule adopts procedures that mirror the federal mandates, requiring each applicant to produce some document proving citizenship or national status, such as a U.S. Passport, an approved naturalization certificate, or a combination of other more common forms of citizenship and identification (driver's license, birth certificate, etc.). The Final Rule exempts certain groups of individuals from the new documentation requirements, including those that receive other forms of federal assistance and newborns in the first year of life whose labor and delivery were covered by MaineCare. Members and applicants who are not exempt will only be asked to prove their citizenship once. Without changing its policy and procedures, the Final Rule also clarifies provisions governing how the immigration status of non-citizen MaineCare applicant is verified, and includes several other technical corrections in this rule for spelling, grammar, usage, formatting, and pagination.
EFFECTIVE DATE: August 1, 2007
AGENCY CONTACT PERSON: Bethany Hamm, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (800) 606-0215



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 50, Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded
ADOPTED RULE NUMBER: 2007-295
CONCISE SUMMARY: These are major substantive rules approved by the Maine State Legislature, and as such, are being finally adopted by the Department in this rulemaking.
The major initiative is to change the base year from 1990 to 2004 for all facilities. Other changes are: marketing expenses are not allowable; central office charges are considered variable costs; a completed audit no longer generating a new rate letter; qualified retirement contributions moved to the labor component; deletion of the equity capital allowance; deletion of bonuses for administrators and owners out of additional funds; and requiring lease expenses between related parties be allowable at the lower of rent or cost of ownership. Additionally, the Department has created new section titles and moved section items within the rule to eliminate duplication and accurately organize the policy within the appropriate sections.
In addition to the changes described above, the Legislature required minor wording changes that are included in this final rule. These changes do not change reimbursement methodology, but do clarify auditing guidelines and specify what DHHS staff may approve exceptions for reimbursement of motor vehicles and staffing when residents are away from the facility.
EFFECTIVE DATE: September 1, 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)