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Home > Weekly Newspaper Notices > August 15, 2007

August 15, 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: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual, Subsection 27.2: Supervised Community Confinement Program
PROPOSED RULE NUMBER: 2007-P186
CONCISE SUMMARY: The Maine Department of Corrections is proposing to repeal and replace this rule to reflect a recent change in the governing statute which provides for consideration for prisoners to be placed on Supervised Community Confinement for a period of eighteen (18) months, as opposed to twelve (12) months.
Other revisions include:
Clear identification of the facility Chief Administrative Officer as the Commissioner's designee in reviewing and determining to approve or deny Supervised Community Confinement except for terminally ill prisoners or prisoners housed in other than a Maine Department of Corrections facility.
Timeframes are established for the application, review and decision making process (date stamping the application at each step of the process).
A requirement is added that, if employment is part of the plan for SCC, the prisoner have two (2) forms of identification acceptable for employment purposes, at the time of applying.
A requirement is added that prior to submitting a Supervised Community Confinement request to the Unit Management Team the prisoner's Correctional Caseworker/Correctional Care and Treatment Worker or the facility's assigned Community Resource Coordinator contact the appropriate Probation Officer for community input and that that input be included in the Unit Management Team's review.
A requirement is added that treatment programs recommended in the prisoner's individual case plan which have not yet been completed and the reason(s) why be included in the review of the prisoner's application.
A requirement is added that the Chief Administrative Officer, or designee, notify the Victim Services Coordinator and the Director of Classification when the Request for Investigation is forwarded to the Regional Correctional Administrator, or designee.
The requirement that the prisoner serve any mandatory minimum sentence has been deleted.
A provision has been added giving the prisoner approved for SCC priority for placement in a community transition program (work release, education release or public service release) over prisoners who have not been approved for transfer to SCC.
A provision has also been added allowing a prisoner approved for transfer to SCC up to four (4) furloughs within the 90 days prior to transfer.
A provision has been added that once a prisoner is approved for Supervised Community Confinement and notified of the approval, the prisoner may not be transferred to a program that would delay the prisoner's transfer to SCC unless approved by the Commissioner.
The appeal provisions have been revised so that the official who makes the decision to deny transfer to SCC or to remove the person from SCC is also the appeal authority, unless the decision maker was the Commissioner, or designee, in which case no appeal is allowed.
Some of the wording was amended to make the policy easier to follow.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA §3036-A
PUBLIC HEARING: Thursday, September 6, 2007, 9:00 a.m. in MDOC Central Office, 25 Tyson Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: September 17, 2007
AGENCY CONTACT PERSON: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04333
TELEPHONE: (207) 287-4681



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 36.01(D)(1)&(3), Herring Management Plan, Catch restrictions – ASMFC Zero Tolerance compliance
PROPOSED RULE NUMBER: 2007-P187
CONCISE SUMMARY: The proposed amendments would bring Maine’s herring regulations into compliance with the Atlantic States Marine Fisheries Commission, Technical Addendum I to Amendment 2 to the Interstate Fishery Management Plan for Atlantic Herring regarding zero tolerance of spawn herring taken from within a restricted spawning management area. The vessel transit provision, when carrying legally caught spawn herring, would also be amended to require that all fishing gear be stowed when transiting a closed area.
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON: Terry Stockwell (tel: 207-624-6562)
PUBLIC HEARING: Tuesday, September 4, 2007, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR WRITTEN COMMENTS: Friday, September 14, 2007
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources, 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)



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 156, C02 Budget Trading Program
PROPOSED RULE NUMBER: 2007-P188
CONCISE SUMMARY: The Department is proposing to adopt this regulation to establish the Maine component of the CO2 Budget Trading Program, which is designed to stabilize and then reduce man-made emissions of CO2, a greenhouse gas, from large electric generators.
Copies of this rule is available upon request by contacting the Agency contact person listed below. 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 HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §§ 585 and 585-A and C.3-B
PUBLIC HEARING: September 6, 2007, 1:00 p.m., Holiday Inn, Augusta, Maine
DEADLINE FOR COMMENTS: September 20, 2007
AGENCY CONTACT PERSON: Andrea Lani, Bureau of Air Quality, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 157, C02 Budget Trading Program Waiver and Suspension
PROPOSED RULE NUMBER: 2007-P189
CONCISE SUMMARY: The Department is proposing to adopt this regulation to provide the DEP Commissioner the authority, under exceptional circumstances, to waive or suspend requirements of the CO2 Budget Trading Program, 06-096 CMR Ch. 156.
Copies of this rule is available upon request by contacting the Agency contact person listed below. 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 and 585-A and C.3-B
PUBLIC HEARING: September 6, 2007, 1:00 p.m., Holiday Inn, Augusta, Maine
DEADLINE FOR COMMENTS: September 20, 2007
AGENCY CONTACT PERSON: Andrea Lani, Bureau of Air Quality, Department of Environmental Protection, State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


ADOPTIONS



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 270, Uniform Reporting System for Health Care Quality Data Sets
ADOPTED RULE NUMBER: 2007-325
CONCISE SUMMARY: This proposed rule change includes the addition of five (5) Surgical Care Improvement Project (SCIP), (formerly called Surgical Infections Prevention), measures for acute care hospitals. The rule change will also add a three (3) item survey (called the Care Transition Measure Survey) to be conducted on hospital discharged patients measuring the quality and effectiveness of hospital discharge care.
EFFECTIVE DATE: September 8, 2007
CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.04, Moose Hunting
ADOPTED RULE NUMBER: 2007-326
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule establishing a moose hunting season in Wildlife Management Districts 15, 16, 23 and 26, beginning in 2008, to occur from the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving; the Saturday preceding the first day of this season is open for the hunting of moose by residents of this State only. The number of permits proposed to be issued for this season are as follows: WMD 15 - 25 "any moose" permits; WMD 16 - 20 "any moose" permits; WMD 23 - 45 "any moose" permits; and WMD 26 - 45 "any moose" permits. Persons hunting moose during this season must comply with the same hunter orange requirements as deer hunters. The legal hunting hours will be from 1/2 hour before sunrise to 1/2 hour after sunset.
EFFECTIVE DATE: August 13, 2007
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201