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Home > Weekly Newspaper Notices > January 23, 2008

January 23, 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: 94-348 - Maine Human Rights Commission
RULE TITLES OR SUBJECTS:
Ch. 3, Employment Regulations of the Maine Human Rights Commission
Ch. 5, Public Accommodations Regulations Relating To Physical or Mental Disability Discrimination in Public Conveyances of the Maine Human Rights Commission
Ch. 7, Accessibility Regulations of the Maine Human Rights Commission
Ch. 8, Housing Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBERS: 2008-P9 thru P12
CONCISE SUMMARY: The amendment is proposed because the former statutory definition of “physical or mental disability” in the Maine Human Rights Act, 5 MRSA §4553(7-a, 7-b), which the existing regulation interpreted, was repealed by Public Law, Ch. 385, 123rd Maine State Legislature. the new statutory definition of disability, which became effective June 21, 2007, can be found in the Maine Human Rights Act, 5 MRSA §4553-a. The Commission is not proposing a new regulatory definition of “physical or mental disability” interpreting the new statutory definition at this time.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §4566(7)
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: February 22, 2008
AGENCY CONTACT PERSON: John P. Gause, Esq., Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050



AGENCY: 07-105 - State Planning Office
RULE TITLE OR SUBJECT: Ch. 220, Methodology for Identification of Regional Service Centers
PROPOSED RULE NUMBER: 2008-P13
CONCISE SUMMARY: The State Planning Office proposes to amend the rule it uses to identify municipalities serving as regional service centers in accordance with 30-A MRSA §4301, sub §14-A. The amendment would extend the timeframe for updating the list of service centers using this methodology from five (5) to ten (10) years to coincide with the release of new census data. The Office also proposes to update references to the data sets required in the methodology for determining service center communities to reflect recent job classification coding changes by the Department of Labor.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA §4301, sub-§14-A
PUBLIC HEARING: February 13, 2008 at Pine Tree State Arboretum at 153 Hospital St, Augusta at 3:00 p.m. The meeting room is accessible to persons with physical disabilities. Any interested party requiring special arrangements to attend the hearing must contact Donna Bradstreet at 1 (800) 662-4545 before February 8, 2008.
DEADLINE FOR COMMENTS: February 25, 2008
AGENCY CONTACT PERSON: Jody Harris, State Planning Office, 38 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-5424



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 289, Requirements and Terms for Bundled Services Offered by Incumbent Local Exchange Carriers
PROPOSED RULE NUMBER: 2008-P14
CONCISE SUMMARY: In this notice of Rulemaking, the Maine Public Utilities Commission issues a proposed rule that establishes consumer protection requirements associated with the provision of bundled services by incumbent local exchange carriers; "safe harbor" financial and pricing procedures that shall be considered reasonable during future ratemaking or universal service proceedings; and terms governing miscellaneous other factors associated with the provision of bundled services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. In accordance with 5 MRSA §8057-A(1), the Commission is inviting all interested persons to comment on the fiscal impact.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 704
PUBLIC HEARING: February 12, 2008, 1 :00 p.m., Horace Libby Hearing Room, 242 State Street, Augusta, Maine
COMMENT DEADLINE: Pre-hearing comments are due no later than February 7, 2008; comments may be filed after the hearing, no later than March 3, 2008.
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 - State Board of Education
RULE TITLE OR SUBJECT: The purpose of this rule-making is to amend the recently filed Ch. 400, “Procedures for Establishing and for Student Participation in the Maine Opportunity Program,” which specifies the policies and procedures for implementation of Title 20-A, Ch. 469 (LD 1856 B2), "An Act to Allow Tax Credits for College Loan Repayments."
PROPOSED RULE NUMBER: 2008-P15
CONCISE SUMMARY: Ch. 469, as a citizen-initiated act, provides a tax credit to reimburse educational loan payments for any Maine resident who earns an associate degree or a bachelor's degree in Maine, and lives, works and pays taxes in Maine after earning that degree. Under an agreement with the State, a Maine resident who earns an associate degree or a bachelor's degree from an accredited Maine junior college, college or university may take advantage of the credit. The person may claim the credit for payments made during each year that person lives and works in Maine. If the person lives and works in Maine, that person's employer may make the loan payments and claim the credit. The credit is limited to what the person actually pays in loan payments or to what would be necessary to pay for an education in the University of Maine System or Maine Community College System, whichever is less. The final rules were adopted on December 12, 2007 by the State Board of Education to enable implementation of Ch. 469's provisions by the established deadline of January 1, 2008.
When the adopted rules were submitted to the Office of the Attorney General for review and approval, it was determined that certain time limit provisions in the final rules exceeded the intent of the initial filing for rule-making. These items were subsequently deleted from the text of the adopted rules. During the State Board's January 9, 2008 meeting the Board provisionally adopted two revisions to the earlier adopted rules as they pertain to the establishment of time limits for commencing Opportunity Maine Program participation. The purpose of this rule-making is limited to the addition of time limits to the text of the recently designated Ch. 400 - "Procedures for Establishing and for Student Participation in the Maine Opportunity Program."
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A, Ch. 469, Part A Sec. A-1. 20-A MRSA c. 428-C and Part B Sec. B-1. 36 MRSA §5217-D Ch. 428-C Job Creation Through Educational Opportunity Program
PUBLIC HEARING: No hearing; Public Notices in State's Major Newspapers
DEADLINE FOR COMMENTS: February 22, 2008
AGENCY CONTACT PERSON: Harry Osgood, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6846


ADOPTIONS



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE: Ch. 32, Rules for the Licensing of Child Care Facilities
ADOPTED RULE NUMBER: 2008-8
CONCISE SUMMARY: Adopted amendments of the Rules for the Licensing of Child Care Facilities are based on Public Law 07, Ch. 324, and Public Law 05, Ch. 12, 530 and 640, and include the following:
[A] Adds 'Operating without a license' provisions, see Section 5.1.
[B] Adds a limitation on reapplication after denial or revocation of a license, Sec. 5.4.
[C] Amends the definition of Child Care Facility to exclude programs such as karate, dance, or basketball, Sec. 1.5.
[D] The application fee for a provisional or temporary license is $120.00, Sec. 2.8.1.
[E] The term of a full [renewal] license in increased to 2 years. The department will stagger the transition from a 1 year license to a 2 year license, Sec. 2.7.1.
[F] The renewal fee of $240 will be assessed biennially for a full or a conditional license, Sec. 2.8.2.
[G] At least one unannounced inspection of a child care facility will take place between 6 and 18 months after the issuance of a full license, Sec. 2.14.
The following technical/formatting changes are also included:
Ch. 32 has been renumbered. This facilitates identification of each provision for ease of reference and future amendment of rules. The division is in the process of aligning the numbering system in all licensing rules. Outdated rules have been deleted. 'Boxes/frames' have been deleted.
'Boxes' has been removed from the rules and the text incorporated into an appropriate regulatory section. Names of state agencies have been updated. The requirement that "Drinking water shall be available to the children" is moved from the former Section XIX, D.6(g) to the new Section 19.1.1.1.
Economic impact on small businesses. [Applies to businesses with 20 or fewer employees.] The licensing fee increase will have an impact on the 749 licensed child care facilities in Maine. This is the 1st licensing fee increase since 1998 and there is no less costly reasonable alternative to achieve the purpose of Public Law 2005, Ch. 12, Part KK.
EFFECTIVE DATE: January 31, 2008
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9254. Toll free: 1 (800) 791-4080
TOLL FREE TTY: 1 (800) 606-0215
FAX: (207) 287-9252
E-MAIL: peter.mauro@maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 101, Calculation of Interest
ADOPTED RULE NUMBER: 2008-11
CONCISE SUMMARY: The rule has been amended to reflect the continuation of the current rate of interest charged on overdue taxes (and paid on refunds of taxes in certain cases) through the end of calendar year 2008. The interest rate is set annually by the State Tax Assessor in accordance with 36 MRSA §186.
EFFECTIVE DATE: January 16, 2008
AGENCY CONTACT PERSON: David E. Bauer, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681
E-MAIL: david.e.bauer@maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1 - 1.01 (Open Water Fishing Regulations)
ADOPTED RULE NUMBER: 2008-12
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water fishing. This body of rules is printed in its entirety in the Open Water Fishing Regulations Booklet (January 2008 - March 31, 2010) available from the Department as well as license agents.
EFFECTIVE DATE: January 16, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201



AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 601, Group Life Insurance
ADOPTED RULE NUMBER: 2008-13
CONCISE SUMMARY: This rule reorganizes the previous rule to clarify types of coverage; eligibility requirements; conditions for termination and restoration of coverage, including separation from employment and subsequent re-employment; and adds a new section on coverage upon retirement.
EFFECTIVE DATE: January 20, 2008
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800



AGENCY: 02 - Department of Professional and Financial Regulation
029 - Bureau of Financial Institutions, and
030 - Bureau of Consumer Credit Protection

CHAPTER NUMBER AND TITLE:
02-029 Ch. 143, and 02-030 Ch. 120: Multiple of the State or Federal Minimum Wage
ADOPTED RULE NUMBER: 2008-14 and 15
CONCISE SUMMARY: This Rule provides the method for calculating the portion of earnings that are subject to garnishment when an individual is not paid on a weekly basis.
Rule 120, last promulgated in 2005, provides guidance for those seeking to abide by the statutory limitations on garnishment found in the Maine Consumer Code (“the Code”). It is amended following enactment of P.L. 2007, Ch. 7, which changes the standard by which maximum garnishment ratios are computed. Previously, the Code limited garnishment arising from a consumer credit transaction to the lesser of 25% of the individual’s disposable earnings for that week or the amount by which the individual’s disposable earnings for that week exceeded 40 times the federal minimum hourly wage. The new law makes the State minimum hourly wage an alternative to the federal minimum hourly wage in the calculation, requires that comparison with disposable earnings be based on the higher of the State or federal minimum wage, and requires that maximum garnishment for a pay period other than a week be “equivalent in effect” to that for a week.
EFFECTIVE DATE: January 20, 2008
AGENCY CONTACT PERSON: Christian Van Dyck, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8574