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Home > Weekly Newspaper Notices > November 14, 2007

November 14, 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.


NOTICE OF PUBLIC HEARING



LURC ZONING PETITION ZP 707
PROPOSED CONCEPT PLAN FOR PLUM CREEK’S LANDS IN THE MOOSEHEAD LAKE REGION
PISCATAQUIS AND SOMERSET COUNTIES, MAINE

PURPOSE
The Land Use Regulation Commission is seeking public comment on Zoning Petition ZP 707, a proposed Concept Plan for Plum Creek’s Lands in the Moosehead Lake Region. The purpose of the hearing is to allow the applicant, interested groups and members of the public the opportunity to present testimony and evidence as to whether the applicant’s proposal meets the statutory and regulatory criteria for approval under provisions of 12 M.R.S.A., Section 685-A (8-A) and Section 10.23, H of the Commission’s rules.
TIME AND PLACE
Members of the public are welcome to attend and/or participate in any of the scheduled public sessions. Party sessions are devoted to questions by the Land Use Regulation Commission and cross-examination of witnesses presented by the applicant, formal parties to the proceeding (i.e., intervenors and interested persons), and governmental agencies. Members of the public may attend these sessions, but may not participate.
Public Sessions
Saturday, December 1, 2007: 10:00 a.m. – 1:00 p.m., 2:00 p.m. – 6:00 p.m. - Greenville High School Auditorium, 130 Pritham Avenue, Greenville, Maine
Sunday, December 2, 2007: 10:00 a.m. – 1:00 p.m., 2:00 p.m. – 6:00 p.m. - Augusta Civic Center, 79 Community Drive, Augusta, Maine
Saturday, December 15, 2007: 10:00 a.m. – 1:00 p.m., 2:00 p.m. – 6:00 p.m. - Holiday Inn By the Bay, 88 Spring Street, Portland, Maine
Sunday, December 16, 2007: 10:00 a.m. – 1:00 p.m., 2:00 p.m. – 6:00 p.m. - Greenville High School Auditorium, 130 Pritham Avenue, Greenville, Maine
Members of the public will not be allowed to speak during more than one public session. LURC anticipates that these sessions will be heavily attended, and speakers will likely be limited to three minutes each. Members of the public who wish to speak during a public session may begin arriving between 9:00 a.m. and 10:00 a.m. to sign up. Speakers will be called in the order their name appears on the sign up sheets.
Party Sessions
9:00 a.m. – 5:30 p.m., Ascona Tennis & Health Club, 23 Leighton Road, Augusta, Maine: Monday, December 3, 2007; Tuesday, December 4, 2007; Wednesday, December 5, 2007; Thursday, December 6, 2007; Friday, December 7, 2007; Monday, December 10, 2007; Tuesday, December 11, 2007; Wednesday, December 12, 2007; Thursday, December 13, 2007; Friday, December 14, 2007
CONTINUANCE OF HEARING
As provided by Section 5.08 of the Commission’s rules, this hearing may be continued and reconvened from time to time and from place to place by the Presiding Officer as circumstances require. The Presiding Officer shall provide reasonable notice to interested persons and the public of the time and place of any such reconvened hearing.
HOW TO PARTICIPATE
All interested members of the public are invited to attend and offer testimony which would have a bearing on this proposal. The public is not required to submit written testimony before the hearing in order to testify. Members of the public may simply attend the hearing and give oral testimony. The Presiding Officer will provide notice of the deadlines established for filing of written statements by members of the public, including notice of the date that the hearing record will close.
Written comments should be sent to the Land Use Regulation Commission, 22 State House Station, Augusta, Maine, 04333-0022. Comments may also be submitted via e-mail to LURC@maine.gov.
DISABILITIES
Persons with disabilities planning to attend the hearing are requested to inform the Commission in advance so that arrangements can be made for services they may require.
FOR ADDITIONAL INFORMATION
A full copy of the proposed concept plan may be viewed at the Commission’s main office (18 Elkins Lane, Harlow Building, Augusta, Maine) or and may be downloaded from the agency’s web site (www.maine.gov/doc/lurc). To view the proposed concept plan at the Augusta office, please call the office in advance at (207) 287-2631. Persons having questions may contact LURC by e-mail (LURC@maine.gov) or telephone (207-287-2631).
LEGAL AUTHORITY
The hearing will be held under authority of 12 M.R.S.A., Chapter 206-A and will be conducted in accordance with the Commission's Rules for the Conduct of Public Hearings.
AGENCY CONTACT PERSON: Agnieszka Pinette, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-8786
E-MAIL: lurc@maine.gov


PROPOSALS



AGENCY: 10-144 - Department of Health & Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 231, State of Maine Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2007-P290
CONCISE SUMMARY: The State of Maine Rules Relating to Drinking Water include several updates for consistency with federal regulations, including adding the Stage 2 Disinfection Byproducts Rule, the Long Term II Enhanced Surface Water Rule, the Groundwater Rule, and the Initial Distribution System Evaluation Rule. Other changes include adjustments to the annual drinking water fee formula parameters, adding definitions, updating construction and operation standards, as well as updating federal and state references relevant regulations.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Chapter 601, Subchapter I, §2605; 22 MRSA §42(1); and 22 MRSA. §2611
PUBLIC HEARING: December 5, 2007 @ Key Bank Plaza, Augusta
DEADLINE FOR COMMENTS: December 17, 2007
AGENCY CONTACT PERSON: Tera Pare, Rulemaking Coordinator, Drinking Water Program, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680
TTY: (207) 287-5550



AGENCY: 90-590 - Maine Health Data Organization (MHDO)
RULE TITLE OR SUBJECT: Ch. 10, Determination of Assessments
PROPOSED RULE NUMBER: 2007-P291
CONCISE SUMMARY: This proposed rule change allows the Maine Health Data Organization to collect an annual assessment fee from Pharmacy Benefits Managers that process and pay pharmacy claims for Maine residents. This rule change also corrects the definition of a health care facility as it pertains to federally qualified health centers.
See http://www.maine.gov/mhdo.
STATUTORY AUTHORITY: 22 MRSA §§ 8704 (4), and 8706
RULE TITLE OR SUBJECT: Ch. 50, Prices for Data Sets, Fees for Programming and Report Generation, Duplication Rates
PROPOSED RULE NUMBER: 2007-P292
CONCISE SUMMARY: This proposed rule revises the schedule of fees to include the purchase of quality data sets that is available from the Maine Health Data Organization.
STATUTORY AUTHORITY: 22 MRSA, Ch. 1683, §8704, sub-§4 and §8706, sub-§§ 2A and 2B
RULE TITLE OR SUBJECT: Ch. 120, Release of Data to the Public
PROPOSED RULE NUMBER: 2007-P293
CONCISE SUMMARY: This proposed rule is being changed to include the release of quality data and prescriber data collected by the MHDO and made available to the public. It also removes the prohibition against listing prices for services rendered by individual payers and health care facilities or practitioners.
STATUTORY AUTHORITY: 22 MRSA, Ch. 1683, §8704, sub-§4 and §8707
RULE TITLE OR SUBJECT: Ch. 270, Uniform Reporting System for Health Care Quality Data Sets.
PROPOSED RULE NUMBER: 2007-P294
CONCISE SUMMARY: This proposed rule change includes the addition of RN nursing satisfaction surveys to be conducted by all Maine acute care, psychiatric, and rehabilitation hospitals. In accordance with the provisions of 22 MRSA, the modification of the rules must be coordinated between the Maine Quality Forum and the Maine Quality Forum Advisory Council.
STATUTORY AUTHORITY: 22 MRSA, §8704, sub-§4 and §8708-A
RULE TITLE OR SUBJECT: Ch. 280, Filing Requirements for Prescribers Seeking Confidentiality Protection
PROPOSED RULE NUMBER: 2007-P295
CONCISE SUMMARY: This new rule is being implemented to outline the provisions for prescribers seeking confidentiality protection with the MHDO to prohibit carriers, pharmacies, and prescription drug information intermediaries from licensing, using, selling, or exchanging for value prescription drug information for any marketing purpose that identifies those prescribers seeking confidentiality protection.
STATUTORY AUTHORITY: 22 MRSA, §8704, sub-§4 and §8713
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: December 6, 2007, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, Maine 04333-0102
DEADLINE FOR COMMENTS: December 17, 2007
AGENCY 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: 16-222 - Maine Department of Public Safety, Bureau of the Maine State Police
RULE TITLE OR SUBJECT: Ch. 4, Maine Motor Carrier Safety Regulation – Part 2
PROPOSED RULE NUMBER: 2007-P296
CONCISE SUMMARY: The Bureau of the Maine State Police adopts and incorporates by reference into this regulation 49 CFR Parts 383, 391, and 395, as amended, with State amendments; 49 CFR Part 385, as amended; and 49 CFR Parts 40, 382, 390, 392, 393, 396, and Appendices to Subchapter B, as amended. The regulation—which applies to any interstate or intrastate common, contract, and private motor carrier that transports passengers or property in Maine—will ensure public safety and further consistency between interstate and intrastate regulations. 
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §555
PUBLIC HEARING: Tuesday, December 4, 2007 at 5 p.m., Gambling Control Boardroom, Maine Department of Public Safety, 45 Commerce Drive, Augusta ME 04333-0042. The public hearing may be listened to by clicking the link at the Maine Gambling Control Board website (http://www.maine.gov/dps/GambBoard/minutes.html) permitting live audio streaming.
DEADLINE FOR COMMENTS: by 5 p.m. Tuesday, December 18, 2007 
AGENCY CONTACT PERSON: John Fraser, Bureau of the Maine State Police, 20 State House Station, Augusta, ME 04333-0020
TELEPHONE: (207) 624-8914



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.05, Moose Hunting
PROPOSED RULE NUMBER: 2007-P297
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has scheduled 2 public hearings in order to obtain further public input in regards to an earlier advertised proposal establishing the number of moose hunting permits to be issued for the 2008 season. Permits will be issued for bulls and antlerless moose. Permits are allocated according to Wildlife Management District as follows:

WMD 1 – 120 bulls / 20 antlerless
WMD 2 – 95 bulls
WMD 3 – 300 bulls / 335 antlerless
WMD 4 – 255 bulls
WMD 5 – 125 bulls
WMD 6 – 305 bulls / 410 antlerless
WMD 7 – 125 bulls
WMD 8 – 235 bulls
WMD 9 – 50 bulls
WMD 10 – 100 bulls / 10 antlerless
WMD 11 – 160 bulls / 120 antlerless
WMD 12 – 35 bulls / 20 antlerless
WMD 13 -- 35 bulls / 10 antlerless
WMD 14 – 35 bulls
WMD 17 – 30 bulls / 30 antlerless
WMD 18 – 80 bulls / 20 antlerless
WMD 19 – 90 bulls / 15 antlerless
WMD 27 – 25 bulls / 5 antlerless
WMD 28 – 60 bulls / 20 antlerless
TOTAL: 2,260 bulls / 1,015 antlerless
In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear WMD 27 – 25 bulls / 5 antlerless baiting season and remain open for 6 days and in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, WMD 28 – 60 bulls / 20 antlerless 19, 27, and 28 the season will begin on the second Monday of October and remain open for 6 days.
It shall be unlawful for any permit holder or their subpermittee to hunt moose inconsistent with the specifications designated on the permit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11551
PUBLIC HEARINGS: Tuesday, December 4, 2007, 6:30 p.m., Mattanawcook High School, 33 Reed Drive, Lincoln; Thursday, December 6, 2007, 6:30 p.m. Caribou High School, Performing Arts Center, 308 Sweden Street, Caribou
DEADLINE FOR COMMENTS: December 17, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@maine.gov


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT:
Ch. 1, Procedures
Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2007-P298 and P299
CONCISE SUMMARY: The proposed rule amendments would: conform the regulatory definition of “write-in candidate” to the statutory definition in the Election Law; authorize the Commission to receive certain financial reports after business hours when permitted by statute; clarify the procedures for providing notice of Commission meetings to persons involved in a matter pending before the Commission; conform the Commission’s procedures for considering Maine Clean Election Act violations to be the same as for other campaign finance violations; confirm the Commission staff’s procedures for handling complaints regarding matters outside the Commission’s jurisdiction; clarify that the Commission staff may conduct preliminary fact-gathering on its own motion even when no complaint has been filed; require the itemized reporting of amounts spent by political action committees and party committees in support of candidates; modify the filing schedules of accelerated reports, independent expenditure reports and reports filed under 21-A MRSA Section 1056-B to be consistent with statute; eliminate a schedule of the candidate reporting form for privately financed candidates for property or equipment purchased by the candidate that could be converted to the candidate’s personal use; correct the maximum amount of matching funds payable to a gubernatorial candidate for a general election; and require that seed money may not be commingled with personal funds. A copy of the proposed rule amendments is available on the Ethics Commission’s website – www.maine.gov/ethics or by calling (207) 287-4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(1); 21-A MRSA §1126
PUBLIC HEARING: Friday, December 7, 2007, 9:00 a.m., Ethics Commission office at 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Monday, December 17, 2007
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station
TELEPHONE: (207) 287-4179



AGENCY: 02-381 - Department of Professional & Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
RULE TITLE OR SUBJECT:
Amend Ch. 1, Definitions
Amend Ch. 2, Advisory Rulings
Amend Ch. 3, Categories and Responsibilities of Licensure
Amend Ch. 4, Qualifications for Licensure
Amend Ch. 5, Use of License Authorities
Amend Ch. 7, Adoption of Standards and Rules
Amend Ch. 8, Modification of Standards
Amend Ch. 9, Installation of Oil Burning Equipment
Amend Ch. 10, Installation of Solid Fuel Burning Equipment
Amend Ch. 11, Chimneys
Amend Ch. 13, Installation of Waste Oil Appliances and Waste Oil Supply Tanks
Repeal Ch. 14, Complaints, Investigations and Adjudicatory Hearings
New Ch. 15, Denial Appeals
Repeal Ch. 141, Standards for the Installation of Solid Fuel Burning Equipment
PROPOSED RULE NUMBER: 2007-P300 thru P313
CONCISE SUMMARY: The Board’s rules require revision for the following reasons:
1. To clarify wording of the law and the rules by removing definitions that are no longer being used and clarify definitions as needed.
2. Clarify guidelines for issuing advisory rulings and remove sections that are no longer needed such as Meeting Notices, Meeting Agendas and Records.
3. To permit a master and/or journeyman oil burner technician to clean a combination unit and service and repair the oil burner assembly as long as the master and/or journeyman oil burner technician is licensed as an apprentice solid fuel technician.
4. To clarify the licensing requirements for out-of-state applicants.
5. To adopt the most recent editions of NFPA standards for the installation of any oil and solid fuel burning equipment, chimneys, fireplace and vents in the State of Maine.
6. To set forth the requirements for the installation of oil burning equipment by clarifying a licensee’s responsibility when an emergency situation arises that does not allow adequate time to get the chimney lined and/or repaired before installing a new heating system. To require that heat loss system design and system load calculations for all new installations be provided by licensed technicians prior to installation. Require that oil spills of any size be reported to the Department of Environmental Protection. Clarify that thermostats containing mercury must be disposed of according to all Federal and State Regulations. Require that all steam boilers be installed according to Manufacturer’s Instructions.
7. Specifies the proper installation of solid fuel burning equipment in garages.
8. Requires that a State of Maine Chimney Disclosure Form be completed by the installer for masonry chimneys prior to construction.
9. To set forth a licensee’s right to appeal certain board actions.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§ 2311, 2313, 2313-A, 2353, 2401, 2402-A, 2403, and 2404
PUBLIC HEARING):December 6, 2007, 9:00 a.m., Department of Professional and Financial Regulation, Central Conference Room, 122 Northern Avenue, Gardiner, ME 04345
DEADLINE FOR COMMENTS: December 17, 2007
AGENCY CONTACT PERSON: Cheryl Hersom, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605


ADOPTIONS



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #301, Food Stamp Certification Manual, Rev. #154A: Increase in Income Limits, Maximum Allotments, Standard Deduction, and Excess Shelter Deduction
ADOPTED RULE NUMBER: 2007-483
CONCISE SUMMARY: This policy reflects the annual Food Stamp increases in income limits, maximum monthly benefits, the standard deduction for households of four or more, and the excess shelter deduction.
EFFECTIVE DATE: October 1, 2007
AGENCY CONTACT PERSON: Robert 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 ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800) 606-0215