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Home > Weekly Newspaper Notices > August 8, 2007

August 8, 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: 12-170 - Maine Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 13, Rules Governing the Establishment and Use of Fair Minimum Wage Rates on State Construction Projects
PROPOSED RULE NUMBER: 2007-P179
CONCISE SUMMARY: The purpose of this Ch. is to establish definitions and procedures to ensure the consistent and fair administration of the Minimum Wage Rates on State Construction Projects Law. This amendment revises the rules to affect the change to the North American Industry Classification system.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §§ 42 and 1304-1315
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: September 10, 2007
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 623-7931



AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2007-P180
CONCISE SUMMARY: The proposed amendment to Ch. 10 adjusts license fees for the professional and occupational licensing programs within the Office of Licensing and Registration as follows:
American Sign Language, English Interpreters and Transliterators regulatory function: decreases the annual license fee for limited interpreters/transliterators and certified interpreters/transliterators from $300 to $250.
Board of Licensing of Auctioneers: increases the annual license fee for auctioneers from $150 to $175.
Manufactured Housing Board: increases the biennial license fee for manufacturers, dealers, developer dealers, mechanics and installers from $150 to $200.
Psychologists: increases the biennial license fee for psychologists and psychological examiners from $300 to $400. Increases the annual license fee for temporary psychologists, temporary psychological examiners, conditional psychologists and conditional psychological examiners from $150 to $250. Increases the application fee from $150 to $250. Increases the OLR component of the EPPP examination fee from $25 to $75. Increases the oral examination fee from $50 to $150. Increases the continuing education sponsor program approval fee from $50 to $75. Increases the continuing education individual program approval fee from $10 to $20.
Board of Real Estate Appraisers: increases the biennial license fee for certified general real property appraisers, certified residential real property appraisers and licensed real property appraisers from $300 to $400. Increases the biennial license fee for trainee real property appraisers from $200 to $300.
Transient Sellers: decreases the annual license fee for door-to-door sellers of home repair services and transient sellers from $300 to $250.
In addition, the proposed amendment relocates Section 5, Refunds, from immediately after the fee table to immediately before the fee table. This change in position makes it easier for board clerks to print out all the textual provisions of the rule together with the fees for anyone board.
The fee decreases will positively impact small businesses that pay those license fees for their proprietors, partners, shareholders or employees. The fee increases will negatively impact small businesses that pay those license fees for their proprietors, partners, shareholders or employees.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: OLR director uniform fee authority: 10 MRSA §8003(2-A)(D) and (E).
OLR director fee authority in board statutes: 10 MRSA §902l (manufactured housing); 32 MRSA §287A (auctioneers), §1527 (interpreters), §3833-A (psychologists), §14012-A (real estate appraisers), §14509 (door-to-door home repair), §14708 (transient sellers).
PUBLIC HEARING: August 27, 2007, 2:00 p.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: September 6, 2007
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615
E-MAlL: jeffrey.m.frankel@maine.gov
PROPOSED RULE AVAILABLE ON-LINE AT: www.maine.gov/professionallicensing



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4.01(G), Season Dates and Open and Closed Areas for Beaver Trapping
PROPOSED RULE NUMBER: 2007-P181
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt the following amendments to the regulations pertaining to Upland Game and Furbearing Animals:
The Department of Inland Fisheries and Wildlife proposes to adopt the following season dates for beaver trapping:

Wildlife Management Districts 1, 2, 3, 4, 5, 6, 8 November 1 - April 30
Wildlife Management Districts 7, 13, 14, 17 December 1 - March 31
Wildlife Management Districts 9, 10, 11, 18, 19, 28 November 1 – April 15
Wildlife Management Districts 12, 15, 16, 23, 25, 26, 27, 29 December 1 - February 28
Wildlife Management Districts 20, 21, 22, 24 December 15 - February 28
During the open season for beaver trapping in any of the twenty-nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
A copy of the proposed open and closed areas by WMD for beaver trapping season may be obtained from the Agency Contact Person and Regional Wildlife or Warden Service offices.
STATUTORY AUTHORITY: 12 MRSA, §10104
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: September 7, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 SHS, Augusta, ME 04333-0041.
E-MAIL TO: Andrea.Erskine@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34(1)(B)(4)(b), Atlantic Halibut, and Ch. 8.20(F), Landings Program, Halibut reporting
PROPOSED RULE NUMBER: 2007-P182 and P183
CONCISE SUMMARY: The proposed amendments to the Atlantic Halibut rules include the following changes. The minimum size would be increased to 38 inches total length; the maximum hook size would be adjusted from “14 oo” or greater circle hooks to 14/0 or 16/0 circle hooks only; fish that are landed would be tagged with a DMR approved landing tag around the tail (landing tags would be a separate type of tag from the research survey tags); surface marking buoys must display owner information; the four (4) fish per day limit would be removed and clarifications would be made to the rules about the information on the training program for the tagging research. These amendments are proposed for improved conservation, enforcement and clarification based upon data collected since the program was initiated in 2002. The proposed landing tags would initially be provided by the Department and later at a nominal cost similar to other tagging programs; the fee for the landings tag is proposed in a separate rulemaking. These proposed regulations would be effective for the fishing season starting in 2008. Also, the reporting section in Ch. 8 would be updated. Copies of the entire Ch. 34 and 8 are available on the web at: http://www.maine.gov/sos/cec/rules/13/chaps13.htm.
STATUTORY AUTHORITY: 12 MRSA §6171 and §6173
RULE TITLE OR SUBJECT: Ch. 34(1)(B)(4)(b)(viii), Atlantic Halibut, Landings tag, proposed fee
PROPOSED RULE NUMBER: 2007-P184
CONCISE SUMMARY: The proposed landing tags for Atlantic halibut would initially be provided by the Department at a nominal cost similar to other tagging programs; the fee for the landings tag is proposed in accordance with 5 MRSA §8071(3)(B) 2nd paragraph: “The establishment or amendment of an agency fee by rulemaking is a major substantive rule, except for the establishment or amendment of a fee that falls under a cap or within a range set in statute, which is a routine technical rule”. One hundred percent of the charge for the tags would go directly to halibut research and the tag administration. This proposed regulation is anticipated to be effective for the fishing season starting in 2008, pending legislative review of this major-substantive rule.
STATUTORY AUTHORITY: 12 MRSA §6171 and 5 MRSA §8071 (Major Substantive)
AGENCY CONTACT PERSONS: Kohl Kanwit or Bruce Joule (tel: 207-633-9500) or Lt. Alan Talbot (tel: 207-667-3373)
PUBLIC HEARINGS: Monday, August 27, 2007, 6:00 PM*, Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth and Tuesday, August 28, 2007, 6:00 PM*, Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
*Public hearings for Ch. 34 Halibut rules and updated reporting rules in Ch. 8; and Ch. 34 Halibut landings tag fees (see separate rulemaking notice) will be held on August 27 and 28, 2007, beginning with the hearings on Ch. 34 Halibut rules at 6:00 P.M., and being followed by a separate hearing on the landings fee proposed rule, 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 close of business on the deadline for comments listed.
DEADLINE FOR WRITTEN COMMENTS**: Friday, September 7, 2007
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
**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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 25, Allowances for Dental Services, page 22
PROPOSED RULE NUMBER: 2007-P185
CONCISE SUMMARY: The proposed rule increases the allowed rates for dental codes D5931 (obturator prosthesis, surgical) and D5932 (obturator prosthesis, definitive) in an effort to make the aforementioned dental codes more equitable with the equivalent Common Procedural Terminology (CPT) codes that are reimbursable by MaineCare.
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, 28, 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 22, 2007.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 7, 2007
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4460
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS



AGENCY: 12-181 - Maine Department of Labor Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to Labor Standards for Registration of Apprenticeship Programs
ADOPTED RULE NUMBER: 2007-313
CONCISE SUMMARY: This is an amendment to the rules that set forth the process for registration and deregistration of apprenticeship agreements or programs. The rules are being amended to conform with statutory changes, specifically changes to correct statutory citations and also to change the name of the “Maine State Apprenticeship Council” to its new name “Maine Standing Committee on Apprenticeship.”
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Relating to Labor Standards for Equal Opportunity for Employment of Women and Minorities in Registered Apprenticeship Programs in the State of Maine
ADOPTED RULE NUMBER: 2007-314
CONCISE SUMMARY: The rules are being amended to conform with statutory changes, specifically changes to correct statutory citations and also to change the name of the “Maine State Apprenticeship Council” to its new name “Maine Standing Committee on Apprenticeship.” The definition of “minority” was also amended to conform with the definition found in federal regulations.
CHAPTER NUMBER AND TITLE: Ch. 3, Rules Relating to Labor Standards for Registration of Apprenticeship Programs
ADOPTED RULE NUMBER: 2007-315
CONCISE SUMMARY: This is an amendment to the rules that set forth the process for registration and deregistration of pre-apprenticeship agreements or programs. The rules are being amended to conform with statutory changes, specifically changes to correct statutory citations and also to change the name of the “Maine State Apprenticeship Council” to its new name “Maine Standing Committee on Apprenticeship.”
EFFECTIVE DATE: August 1, 2007
AGENCY CONTACT PERSON: Gene Ellis, Director of Apprenticeship Standards, MDOL Bureau of Employment Services, 55 State House Station, Augusta, ME 04333-0055
TELEPHONE: (207) 623-7990



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. #237E: Community Spouse Minimum Standard and Shelter Allowance and HIV Waiver Limited Benefits Premiums - 2007
ADOPTED RULE NUMBER: 2007-316
CONCISE SUMMARY: For Nursing Facility Residents: The minimum amount of monthly income that can be sent to the community spouse and the excess shelter allowance are increasing. This results in the community spouse having more monthly income to pay for basic expenses for food, housing, heat, etc.
For HIV Limited Benefits recipients: The premiums are updated annually to comply with the Waiver agreement between DHHS and CMS.
EFFECTIVE DATE: July 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: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 266, Hemlock Woolly Adelgid Quarantine
ADOPTED RULE NUMBER: 2007-317
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.
EFFECTIVE DATE: August 5, 2007
AGENCY CONTACT PERSON: E. Ann Gibbs, Division of Plant Industry, Maine Department of Agriculture, Food and Rural Resources, 28 State House Station, Augusta, Maine 04333
TELEPHONE:(207) 287-3891