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Home > Weekly Newspaper Notices > November 7, 2007

November 7, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.96(B)(2)(a-f), Apprentice Sponsor Requirement – Technical Change
PROPOSED RULE NUMBER: 2007-P281
CONCISE SUMMARY: The Department of Marine Resources proposes a technical clarification to regulations in Ch. 25.96. These proposed regulations would clarify that sponsors of apprentices must have the apprentices’ zone as their declared zone. In other words, if the apprentice wishes to fish in Zone X then their sponsor must have Zone X as their declared zone.
STATUTORY AUTHORITY: 12 MRSA §6447
AGENCY CONTACT PERSON: Sarah Cotnoir (tel: 207-624-6596)
PUBLIC HEARING: Tuesday, November 27, 2007, 6:00 p.m., DMR Large Conference Room, W. Boothbay Harbor
DEADLINE FOR WRITTEN COMMENTS: Friday, December 7, 2007
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO: 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: 06-481 - Board of Underground Storage Tank Installers
RULE TITLE OR SUBJECT:
Ch. 1, Administrative Rules (Amendments)
Ch. 2, Rules of Practice and Procedure Governing Adjudicatory Proceedings (Amendments)
Ch. 3, Certification of Underground Oil Tank Installers (Amendments)
Ch. 5, Certification of Underground Gasoline Tank Removers (Repeal)
PROPOSED RULE NUMBER: 2007-P282 to P285
CONCISE SUMMARY: These proposals would: (1) eliminate certification processes for underground gasoline tank removers and Class 3 underground tank installers, (2) consolidate the certification of underground tank installers into a single class, and (3) alter requirements for apprenticeship for applicants for certification as underground oil storage tank installers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 10004 et seq. as amended by P.L. 123-292.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 4, 2008
AGENCY CONTACT PERSON: James Hynson, Staff, Maine Board of Underground Storage Tank Installers, c/o Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7889)



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Certification Manual, Rev. 156P: Transitional Food Assistance (TFA)
PROPOSED RULE NUMBER: 2007-P286
CONCISE SUMMARY: This rule proposes to provide a fixed monthly amount of Food Stamps for up to five months to certain families that leave TANF cash assistance, without requiring the family to reapply or submit any additional paperwork or other information. This rule will help address a problem that had arisen after the implementation of TANF — many families that left welfare for work were not staying connected to food stamps, despite remaining eligible. This rule is not expected to have any adverse economic impact on small business.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Sections 11(s)(1) and (s)(3)(B) of the Food Stamp Act (7 U.S.C. §§2020(s)(1) and (s)(3)(B)), and 22 MRSA §3104.
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: December 7, 2007
AGENCY CONTACT PERSON: Robert L. Thibodeau, Food Stamp Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800)-606-0215 (Deaf/Hard of Hearing) )



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 200, Telecommunications Carrier Outage Reporting
PROPOSED RULE NUMBER: 2007-P287
CONCISE SUMMARY: In this rulemaking the Commission proposes further changes to Ch. 200 which will repeal and replace Ch. 20 of our Rules. Currently, Ch. 20 requires local exchange carriers (LECs) to notify the Commission of major service interruptions and central office switch conversions. On May 10, 2007 we opened a rulemaking. Based on comments received the Commission decided to issue a further notice of rulemaking because of the substantive changes from the original order. As proposed, Ch. 200 would require that all telecommunications carriers provide notice of outages to the Commission. The proposed reporting requirements are based on the reporting requirements of the Federal Communications Commission (FCC).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, and 112
PUBLIC HEARING: None Scheduled COMMENT DEADLINE: December 7, 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: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 101, Maine Unified Special Education Regulation
PROPOSED RULE NUMBER: 2007-P288
CONCISE SUMMARY: The proposed amendment would make consistent the 60 calendar days provision, the transition at age 14, the stay put, and the statute of limitations at four years in appropriate sections . There has been clarification on the observation in the learning environment/classroom setting, highly qualified personnel in the middle and high schools, comparable facilities language with regard to least restrictive environment, and the method for determination of adverse effect.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §7005(1)
PUBLIC HEARING: November 26, 2007, 9:00 a.m. – 10:30 a.m., Room 103, Cross Office Building, 111 Sewall Street, Augusta, Maine. The public hearing will also be available via ATM at the following locations:
* Gorham High School ATM Studio
* Bangor High School ATM Studio
* Presque Isle High School ATM Studio
DEADLINE FOR COMMENTS: December 10, 2007
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: (207) 624-6669)



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-P289
CONCISE SUMMARY: In accordance with Public Law 2007 Ch. 21, the Department of Inland Fisheries and Wildlife is proposing to adopt, by Major Substantive rule, a list of “state heritage fish waters” which is composed of lakes and ponds that contain Arctic charr and which have never been stocked. On waters identified as state heritage fish waters, the Department is prohibited from stocking fish, or issuing stocking permits and must prohibit the use or possession of live fish as bait by anglers. This list will be reviewed by the Legislature before final adoption. This proposed list may be obtained from the Agency Contact Person.
STATUTORY AUTHORITY: 12 MRSA §§ 10104 and 12461
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: December 7, 2007
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
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 67, Principles of Reimbursement for Nursing Facilities
ADOPTED RULE NUMBER: 2007-459
CONCISE SUMMARY: The Department adopts the changes in the rule that reflect the changes approved in the state plan around reimbursement methodology. The rule also adopts the change which reduces the lease terms from 25 years to 5 years. The changes also include new language in Subsection 44.4.3(3), which adds an exception to the general rule regarding lease payments. The Department also includes a 2% COLA increase for State fiscal year 07-08 in this adoption. Finally, the Department adopts all minor and technical changes within this rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 14, 2007
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 043330011
TELEPHONE: (207)-287-9342
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing) )



AGENCY: 02-298 - Office of Licensing and Registration, Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE:
Ch. 100, General Information - Repeal
Ch. 110, Fees - Repeal
Ch. 160, Complaints and Investigations – Repeal
Ch. 200, Prerequisites to Licensure – Repeal
Ch. 210, Continuing Education – Repeal
Ch. 220, Educational Course Requirements - Repeal and Replace
Ch. 230, Supervising Appraiser Duties - Repeal and Replace
Ch. 250, Denial Appeals; Member Communications - New
ADOPTED RULE NUMBER: 2007-460 thru 467
CONCISE SUMMARY: The board amended its rules to comply with state statutes and federal guidelines relating to qualifications for licensure as a real estate appraiser and approval of qualifying education for applicants and continuing education for licensees. The board also strengthened reporting requirements and accountability of certified residential and certified general real property appraisers who supervise trainee real property appraisers.
EFFECTIVE DATE: January 1, 2008
AGENCY CONTACT PERSON: Carol Leighton, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520)



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 311, Amendments to Portfolio Requirement Rule
ADOPTED RULE NUMBER: 2007-468
CONCISE SUMMARY: The Commission adopts amendments to its portfolio requirement rule to implement recently enacted legislation. The legislation added a mandate that specified percentages of electricity supply that serve Maine's customers come from "new" renewable resources.
EFFECTIVE DATE: November 6, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831)



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. #237A: Community Spouse Minimum Standard and Shelter Allowance and HIV Waiver Limited Benefits Premiums - 2007
ADOPTED RULE NUMBER: 2007-469
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: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2007-470
CONCISE SUMMARY: The amendments to Ch. 10 establish a $50 biennial license fee for the new license category of limited energy auditor technician. Both the Oil and Solid Fuel Board and the Propane and Natural Gas Board will license limited energy auditor technicians in their respective areas of practice. The amendments to Ch. 10 authorize the boards to charge the fee.
EFFECTIVE DATE: November 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)



AGENCY: 12-152 - Department of Labor, Bureau of Rehabilitation Services, Division of Vocational Rehabilitation
CHAPTER NUMBER AND TITLE:
Ch. 1, Division of Vocational Rehabilitation Policy Manual (amended)
Ch. 8, Consumer Directed Personal Assistance Services (repealed)
Ch. 14, Rule Governing the Administration of the Maine Equal Access Program for Deaf, Hard-of-Hearing or Speech-Impaired Consumers of Wireless Telecommunications Services (repealed)
ADOPTED RULE NUMBER: 2007-471 thru 473
Ch. 1: Amendments to the Division of Vocational Rehabilitation Policy Manual. The areas amended are the appeals process, the definition of self employment, and changing the level of support to consumers for the first two years of post-secondary training from the University of Maine System rates to Community College rates.
Ch. 8: Repeal of Program Rules for the Department’s Consumer Directed Personal Assistance Program, also known as CD-PAS Program, due to the legislative transfer of the program to the Department of Health and Human Services.
Ch. 14: Repeal of Program Rules for Maine Equal Access Program, also known as Cell Phone Rebate, for deaf or hard-of-hearing individuals using cell phones with TTYs. The program was enacted by PL 377 in 2001 and was repealed October 31, 2005.
EFFECTIVE DATE: November 6, 2007
AGENCY CONTACT PERSON: Mel Gleason, Division of Vocational Rehabilitation, 150 State House Station, Augusta ME 04333-0150
TELEPHONE: (207) 623-7963)



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 34(1)(B)(1)(a), Groundfish, Haddock size change for consistency with federal rules
ADOPTED RULE NUMBER: 2007-474
CONCISE SUMMARY: These regulations temporarily reduce the minimum size for haddock to 18 inches from the current minimum size of 19 inches, except for charter/party and private recreational vessels, for which the minimum size for haddock remains 19 inches. This rule provides consistency with National Marine Fisheries Service (federal) rules effective August 10, 2007 for 180 days. This regulation shall sunset February 7, 2008 and the minimum size of haddock returned to 19 inches.
EFFECTIVE DATE: November 6, 2007 (sunsets February 7, 2008)
CHAPTER NUMBER AND TITLE: Ch. 8.20(N), Landings Program, Harvester Reporting, Lobster Harvest
ADOPTED RULE NUMBER: 2007-475
CONCISE SUMMARY: The Department of Marine Resources has adopted rules to institute trip level reporting of harvest by lobster harvesters. These rules apply annually to ten percent of lobster and crab license holders except apprentices as they do not hold traps. No individual will be selected to report in two consecutive years. The exception to this is all Monhegan Island Lobster Conservation Area lobster and crab license holders, except the apprentices, are required to report each year. These requirements also provide compliance with Atlantic States Marine Fisheries Commission (ASMFC), Addendum X to Amendment 3 to the American Lobster Fisheries Management Plan (FMP) designed to minimize the chance of population collapse due to recruitment failure.
EFFECTIVE DATE: November 6, 2007
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500