Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > January 2, 2008

January 2, 2008

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: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act
PROPOSED RULE NUMBER: 2008-P0
CONCISE SUMMARY: By January 30, 2008, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include any comments on these recommended improvements in the report.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: January 26, 2008
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7650
FAX: (207) 287-6545
E-MAIL: don.wismer@maine.gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #02-08
PROPOSED RULE NUMBER: 2008-P1
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: January 18, 2008, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 18, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 613, The Quality Child Care Education Scholarship Program, Amendment 4
PROPOSED RULE NUMBER: 2008-P2
CONCISE SUMMARY: This amendment incorporates major changes in the administration of the Program, essentially shifting determination of eligibility and distribution of scholarships from the Authority to participating institutions of higher education. These changes are expected to reduce the overall administrative burden of the Program for the agency, the participating schools, and students while enabling more prompt delivery of scholarships to students and maximizing use of available funds.
The application process for most students and some eligibility criteria will change. For example, financial need will be determined based on "expected family contribution", not 300% of poverty level.
Out of State institutions will no longer be eligible, except that current out of State recipients will be grandfathered. Schools may award scholarships of $500 per eligible course without documenting cost of attendance, although students may not be over-awarded. The Authority will allocate funds to participating institutions annually based on allocation and distribution guidelines to be determined by the Authority from time to time.
STATUTORY AUTHORITY: 10 MRSA §969-A(14), 20-A MRSA §11670
PUBLIC HEARING: None scheduled. One would be scheduled at the request of 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments must be submitted on or before February 1, 2008.
AGENCY CONTACT PERSON: Katryn A. 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
FAX: (207) 623-0095



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 55.04(D), Maine Gillnet Bait Fishing Regulations, New Meadows River restrictions
PROPOSED RULE NUMBER: 2008-P3
CONCISE SUMMARY: These proposed regulations would implement a four hour tending and hauling requirement for fish bait gillnets in the New Meadows River north of a line from Hopkins Island to a point on the Phippsburg shore south of the ‘Basin’ Cove entrance. This rule is similar to a regulation that expired December 31, 2007. The previous rule was in response to the occurrence of untended nets resulting in large numbers of dead fish during 2005 in this area. The Department is concerned that the continued shortage of bait driving up demand and the continuing presence of large numbers of small striped bass in this area will cause similar problems and has determined that it is prudent to re-implement these fishing requirements. This proposed regulation does not propose a sunset date. A complete copy of Chapter 55 is available to download from: http://www.maine.gov/sos/cec/rules/13/188/188c055.doc
STATUTORY AUTHORITY: 12 MRSA §6171
AGENCY CONTACT PERSON: Lt. Jon Cornish (tel: 207-633-9595)
PUBLIC HEARING: Wednesday, January 23, 2008, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR WRITTEN COMMENTS: February 4, 2008
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
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)



AGENCY: 94-289 – Atlantic Salmon Commission
RULE TITLE OR SUBJECT: Ch. 1.03(1)&(3), Rules of the Atlantic Salmon Commission, Proposed Spring Season
PROPOSED RULE NUMBER: 2008-P4
CONCISE SUMMARY: The proposed rulemaking would create a spring fishing season for anadromous Atlantic salmon with a fifty (50) fish maximum allowable catch and release. Daily reporting of successful captures would be required to determine the 50 fish maximum. The proposed spring season is for a one-month period in a specified location on the Penobscot River and would replace the fall season. The permitted activity would be limited to catch and release by fly fishing only. Should the Commission determine it is necessary to close the area during the open season, red flags would be displayed.
A complete copy of Chapter 1 is available online: http://www.maine.gov/sos/cec/rules/90/94/289/289c001.doc. If you are unable to attend the hearing persons are encouraged to submit written comments from the receipt or posting of this notice through close of business on the deadline listed.
STATUTORY AUTHORITY: 12 MRSA §9902
AGENCY CONTACT PERSON: Patrick Keliher (tel: 207-287-9972)
PUBLIC HEARING: Thursday, January 24, 2008, 6:00 p.m., Holden Elementary School, Gym, 590 Main Road, Route 1A, Holden (Located next to the Holden Municipal Buildings and Fire Dept.)
DEADLINE FOR WRITTEN COMMENTS: February 4, 2008
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
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)


ADOPTIONS



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 930, Solar Energy Rebate Program
ADOPTED RULE NUMBER: 2007-536
CONCISE SUMMARY: Ch. 930 governs the implementation of the State's solar energy rebate program. The Commission adopted amendments to revise Ch. 930 pursuant to legislation enacted during the last legislative session.
EFFECTIVE DATE: December 26, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER ANI) TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-08
ADOPTED RULE NUMBER: 2007-537
CONCISE SUMMARY: Minimum January 2008 Class I price is $24.22/cwt. plus $1.11/cwt. for Producer Margins, an overorder premium of $1.85/cwt. as being prevailing in Southern New England and $0.00/cwt. handling fee for a total of $27.38/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: December 30, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF), Rev. #82A: Transitional Child Care (TCC)
ADOPTED RULE NUMBER: 2007-538
CONCISE SUMMARY: TANF Rule No. 82A permanently incorporates all rule changes implemented on an emergency basis on October 1, 2007. Primarily, the rule would satisfy the 123rd Legislature's mandate to reduce Transitional Child Care (TCC) program administration costs by $1 million. The Department proposes to achieve this by transferring TCC program administration and benefits determination responsibility from private contract voucher management agencies [“VMAs"] to OIAS staff. The Final Rule also changes the issuance of TCC benefits from monthly to weekly, amends the application process, establishes a redetermination process, amends a client's reporting responsibilities, and limits the situations in which the Department will issue a ten-day adverse notice.
This rule is not expected to have any adverse economic impact on the reporting requirements of small businesses.
EFFECTIVE DATE: December 15, 2007
AGENCY CONTACT PERSON: Rose Masure, Division Director, Programs and Policy, 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) 287-3104
TTY: (800) 606-0215