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Home > Weekly Newspaper Notices > August 1, 2007

August 1, 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. 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. #3, Schedule of Minimum Prices, Order #09-07
PROPOSED RULE NUMBER: 2007-P175
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 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 17, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 19, Principles of Reimbursement for Home and Community Benefits for Elderly and Adults with Disabilities
PROPOSED RULE NUMBER: 2007-P176
CONCISE SUMMARY: The Department proposes to make changes to Ch. III Section 19, Principles of Reimbursement for Home and Community Benefits for the Elderly and Adults with Disabilities, by increasing the rate of reimbursement for comprehensive case management services. The Department proposes to increase the rate from $126.25 to $139.00. This change was approved by the legislature and included in the budget for SFY '08.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING:
Date: August 20, 2007, 1:00 p.m.
Location: Conference Room # lA, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 13, 2007.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 2, 2007.
AGENCY CONTACT PERSON: Alyssa Morrison, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9342
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 285, Maine Telecommunications Education Access Fund
PROPOSED RULE NUMBER: 2007-P177
CONCISE SUMMARY: The proposed amendments update sections of the rule to make them consistent with statutory changes (Section 1(D) and 2(B)) and changes the process by which the Commission will receive recommendations for the use of MTEAF funds (Section 4, 5, 6).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 7104-B
PUBLIC HEARING: A public hearing has not been scheduled, but one will be held if requested in writing by five or more persons.
DEADLINE FOR COMMENTS: September 7, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.02(B), Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 2007-P178
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1) Ducks (not including mergansers):
NORTH ZONE: October 1 through December 8, 2007
SOUTH ZONE: October 1 through October 27, 2007
November 12 through December 22, 2007
Daily Limit 6 ducks, no more than 4 of any one species; possession limit 12, no more than 8 of any one species, with the following exceptions:
a. Closed season for Harlequin ducks.
b. Daily limit: 1; possession limit: 2 for black ducks, pintail, canvasback, mottled ducks and fulvous tree ducks.
c. Daily limit: 2; possession limit: 4 for hen mallard, wood ducks and redhead ducks.
d. Daily limit: 2; possession limit: 4 for scaup.
e. Daily limit of 4; possession limit: 8 for teal (blue and green-winged teal).
2) Mergansers and American coots: SEASON SAME AS DUCKS.
Mergansers: Daily limit 5 in the aggregate; possession limit 10 with the following exceptions:
Hooded mergansers: daily limit: 2; possession limit: 4.
American coot: Daily limit 5, possession limit 10.
3) Canada Geese (Special Early Season): September 4 through September 25, 2007.
NORTH ZONE: Daily limit 6; possession limit: 12.
SOUTH ZONE: Daily limit 8; possession limit: 16.
Regular Goose Season –
NORTH ZONE: October 1 through December 8, 2007.
SOUTH ZONE: October 1 through October 27, 2007
November 12 through December 22, 2007
Daily limit: 2; possession limit: 4
4) Snow Geese: October 1, 2007 - January 31, 2008. Daily limit 15; no possession limit.
5) Brant: November 12 – December 22, 2007. Daily limit 2; possession limit 4.
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, mergansers, and American coots:
NORTH ZONE: December 8, 2007 through January 31, 2008.
SOUTH ZONE: January 5, 2008 through February 28, 2008.
Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks: (scoters eiders, and long-tailed ducks in the sea duck zone): October 1, 2007 through January 31, 2008. Daily limit 7; possession limit 14 with following exceptions:
Scoter: daily limit: 4; possession limit: 8.
Common Eider: daily limit: 5; possession limit: 10.
8) Woodcock: October 1 through October 27; October 29 through October 31.
Daily limit 3; possession limit 6.
9) YOUTH WATERFOWL HUNT: September 22, 2007. Bag limits as above. Special regulations will apply to youth and accompanying adult.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§ 10104 and 11855
PUBLIC HEARING: Tuesday, August 21, 2007 at 6:30 p.m. at the Holiday Inn Conference Center/Ground Round, Community Drive, Augusta, ME
DEADLINE FOR COMMENTS: August 21, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333. E-mail: andrea.erskine@maine.gov


ADOPTIONS



AGENCY: 14-197 - Department of Health and Human Services, Office of Adults with Cognitive and Physical Disability Services
CHAPTER NUMBER AND TITLE: New Ch. 12 (originally proposed as Ch. 11), Regulations Regarding Reportable Events, Adult Protective Investigations and Substantiation Hearings Regarding Persons with Mental Retardation of Autism (also repeals Ch. 6 and 9)
ADOPTED RULE NUMBER: 2007-296 to 298
CONCISE SUMMARY: Currently the Department has two sets of regulations regarding reportable events and the adult protective services system. They are Regulations Governing Adult Protective Assessments & Investigations for Persons with Mental Retardation or Autism (14-197 CMR Ch. 6) and the Reporting, Investigation, and Review of Reportable Events Policy (14-197 CMR Ch. 9). The new regulation combines these two regulations into one (and thus repeals current Chapters 6 and 9). The regulation has also been updated to incorporate an appeals process for those direct support professionals who have been substantiated by the Department for abuse, neglect or exploitation of persons with mental retardation or autism.
EFFECTIVE DATE: July 14, 2007
AGENCY CONTACT PERSON: Mary Crichton, Office of Adults with Cognitive and Physical Disability Services, Marquardt Building, 2nd fl., 32 Blossom Lane, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-4218



AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 318 Amendment 5, Wells and Plymouth Waste Oil Clean-up Program (Emergency)
ADOPTED RULE NUMBER: 2007-299
CONCISE SUMMARY: The amendment is necessary to address changes to the law governing the program as set forth in PL 2007, Chapter 220. The amendment reopens the program and expands the eligible uses of the Waste Oil Clean-Up Fund to include remedial action costs, de minimis settlements, and regulatory oversight costs. The rule amendment was adopted on an emergency basis on July 2, 2007. The Authority found that emergency adoption of the rule amendment was warranted in light of the emergency nature and effective date of PL 2007, Chapter 220. The Authority found such facts to represent an immediate threat to the public's general welfare and adoption of the rule amendment on an emergency basis necessary to avoid such threat.
EFFECTIVE DATE: July 24, 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



AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
ADOPTED RULE NUMBER: 2007-300
CONCISE SUMMARY: The finally adopted rule would: confirm that qualifying contributions received more than five days prior to the filing of a Declaration of Intent are not valid; change the content of the receipt and acknowledgement form; clarify when proof of voter registration verification must be received by the Commission; establish the procedure by which a candidate would request certification; clarify the procedure for calculating matching funds; allow the Commission to require the return of Maine Clean Election Act funds for unsupported expenditures; establish a new procedure for vehicle travel reimbursement, including maintaining a travel log; and allow gubernatorial candidates to reserve certain amounts of Maine Clean Election Act funds to defray expenses associated with an audit by the Commission.
EFFECTIVE DATE: August 19, 2007
AGENCY CONTACT PERSON: Paul Lavin, Assistant Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135
TELEPHONE: (207) 287-3024



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Antlerless Deer Hunting Restrictions (Ch. 4.03(C))
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping
ADOPTED RULE NUMBER: 2007-301
CONCISE SUMMARY: In accordance with Title 12 MRSA §11152, the Commissioner of Inland Fisheries and Wildlife has adopted Antlerless Deer Hunting Restrictions for the 2007 regular and special muzzle-loading deer hunting seasons. The permit allocations were reduced (by 8,670) in some WMDs due to winter severity and are indicated in italics and bold in the table below. This establishes specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:

WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 150 permits
WMD 7 - 400 permits
WMD 8 - 550 permits
WMD 9 - 175 permits
WMD 10 - 75 permits
WMD 11 - 100 permits
WMD 12 – 1,625 permits
WMD 13 - 1,500 permits
WMD 14 - 700 permits
WMD 15 - 6,475 permits
WMD 16 - 5,400 permits
WMD 17 – 11,000 permits
WMD 18 - 450 permits
WMD 19 - 0 permits
WMD 20 - 6,500 permits
WMD 21 - 5,400 permits
WMD 22 - 7,275 permits
WMD 23 – 10,125 permits
WMD 24 - 2,325 permits
WMD 25 - 2,800 permits
WMD 26 - 2,650 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 - 600 permits
TOTAL – 66,275
All other antlerless deer regulations in effect in 2006 shall remain the same.
EFFECTIVE DATE: July 28, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201



AGENCY: 10-144 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Medical Facilities Unit
CHAPTER NUMBER AND TITLE: Ch. 118, Regulations Governing the Licensing and Functioning of Intermediate Care Facilities for Persons with Mental Retardation
ADOPTED RULE NUMBER: 2007-302
CONCISE SUMMARY: In accordance with Chapter 33, Resolve 2007, DHHS has revised these Regulations to eliminate State licensing requirements that are duplicative of the Federal Title XIX requirement or no longer essential.
EFFECTIVE DATE: September 1, 2007
AGENCY CONTACT PERSON: Jane French, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, ME 04332
TELEPHONE: (207) 287-9315



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #08-07
ADOPTED RULE NUMBER: 2007-303
CONCISE SUMMARY: Minimum August 2007 Class I price is $25.01/cwt. plus $0.71/cwt. for Producer Margins, an over-order premium of $1.85/cwt. as being prevailing in Southern New England and $0.00/cwt. handling fee for a total of $27.77/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: July 29, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 26.07(1), Sea Urchin Harvesting Season 2007-2008– Zone 1
ADOPTED RULE NUMBER: 2007-304
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MTSA §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2007-2008.
The Department adopts day season for divers, trappers, rakers and draggers in 2007-2008, which was the same length of season in 2006-2007. Divers, rakers and trappers will have a choice of fishing 10 days in September or 10 days in December.
CHAPTER NUMBER AND TITLE: Ch. 26.07(2), Sea Urchin Harvesting Season 2007-2008– Zone 2
ADOPTED RULE NUMBER: 2007-305
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MTSA §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2007-2008. A 45 day season has been adopted for divers, trappers, rakers and draggers in 2007-2008, which was the same length of season in 2006-2007. The Sea Urchin Zone Council recommended the selection of these particular days.
EFFECTIVE DATE: July 29, 2007
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
WEB SITE: www.maine.gov/dmr/rulemaking



AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 587, In-stream Flows and Lake and Pond Water Levels
ADOPTED RULE NUMBER: 2007-306
CONCISE SUMMARY: This chapter establishes instream flows for rivers and streams and lake and pond water levels to protect natural aquatic life and other designated water uses in Maine’s waters. Additional information concerning this rule is available on the web at: http://www.maine.gov/dep/blwq/topic/flow/index.htm.
EFFECTIVE DATE: August 24, 2007
AGENCY CONTACT PERSON: Dave Courtemanch, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
PHONE: (207) 287-7789