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Home > Weekly Newspaper Notices > February 27, 2008

February 27, 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: 18-364 - Maine State Liquor & Lottery Commission
RULE TITLE OR SUBJECT: Ch. 1, Maine State Lottery
PROPOSED RULE NUMBER: 2008-P17 (reproposed)
CONCISE SUMMARY: The proposed rule is intended to standardize the minimum commission paid to retail agents for instant ticket sales in Maine similar to national and New England averages. The rule allows the Director, with the approval of the commission, to increase the minimum sales commission for both instant and on-line tickets sold for particular games. The rule also allows the Director, with approval of the Commission, to provide additional incentives to agents including cashing bonuses. This rule is promulgated pursuant to 8 MRSA §374.
Copies of the rule are available by contacting the Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALlTIES.
STATUTORY AUTHORITY: 8 MRSA §374
PUBLIC HEARING: March 19, 2008, 1:00 p.m., Augusta Civic Center, 76 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: April 2, 2008
AGENCY CONTACT PERSON: Dan A. Gwadosky, Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: (207) 287-6756



AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2, Section 213 Compensation for Partial Incapacity: 2006 - Permanent Impairment Threshold and Non-extension of Benefits
PROPOSED RULE NUMBER: 2008-P33
CONCISE SUMMARY: This rule establishes that the permanent impairment threshold is 11.7% effective January 1, 2006 and that the benefit limitation is not extended for 52 weeks on January 1, 2006.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA §§ 152(2), 213(2), 213(4)
PUBLIC HEARING: Tuesday, March 18, 2008, 1:00 p.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Friday, March 28, 2008, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: (207) 287-7086


ADOPTIONS



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. #238A: SSI COLA Increase 2008
ADOPTED RULE NUMBER: 2008-84
CONCISE SUMMARY: The SSI COLA increase of 2.3% is reflected in the MaineCare income limits for coverage in the following MaineCare categories: Home Based Waivers, Katie Beckett, Categorical Nursing Care, Adult Family Care Homes and the income limit for the State Supplement.
The amount of protected assets for a community spouse of a nursing home applicant increases to $104,400.
The maximum monthly income to a community spouse of a nursing home resident increases to $2,610.
Chart IV-C is updated to reflect the current average nursing care private rate.
These changes will not have any adverse impact on small businesses.
EFFECTIVE DATE: January, 2008
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: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 32.20, Elver Fishing License Lottery (repeal)
ADOPTED RULE NUMBER: 2008-85
CONCISE SUMMARY: In accordance with the legislative repeal of the elver license lottery, the elver lottery regulations have been repealed for compliance with 12 MRSA §6505-A, sub-§2, effective April 4, 2006.
CHAPTER NUMBER AND TITLE: Ch. 50.02, Spiny Dogfish, Harvest, Possession and Landing Restrictions – clarification
ADOPTED RULE NUMBER: 2008-86
CONCISE SUMMARY: The adopted regulations clarify for harvesters and enforcement personnel that the rules on the harvest of spiny dogfish pertain to Maine’s territorial waters. When Maine’s quota has been reached Maine’s territorial waters are closed. In the circumstance when territorial waters are closed and federal waters are open it is legal for federal permit holders to land or possess dogfish legally taken from federal waters when transiting through territorial waters to Maine ports. Amendments to the harvest, landing and possession restrictions on spiny dogfish are adopted to clarify that these rules pertain to Maine territorial waters.
CHAPTER NUMBER AND TITLE: Ch. 55.04(D), Maine Gillnet Bait Fishing Regulations, New Meadows River restrictions
ADOPTED RULE NUMBER: 2008-87
CONCISE SUMMARY: These adopted regulations 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.
EFFECTIVE DATE: February 25, 2008
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
WEB SITE: www.maine.gov/dmr/rulemaking



AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 305, Permit by Rule
ADOPTED RULE NUMBER: 2008-88
CONCISE SUMMARY: The amendments to existing Section 20 of Ch. 305 contain changes to:
(1) Comply with the statutory requirement at PL 2007, ch. 290(16)(in part) to include provisions in permit by rule (PBR) that (a) incorporate standards for activities consisting solely of cutting or removal of vegetation within shorebird roosting and feeding buffers as specified in statute at 38 MRSA §480-CC(2)(A) and (B), and (b) provide for an expansion of up to 10% of an existing development area within a shorebird feeding area.
(2) Provide for PBR standards for certain cutting activity within inland waterfowl and wading bird habitat, and for an expansion of up to 10% of an existing development area within inland waterfowl and wading bird habitat.
(3) Update definitions for “shorebird nesting, feeding, and staging areas” and “shorebird feeding area”, and “shorebird roosting area” to be consistent with recent amendments to 38 MRSA §480-CC, Significant wildlife habitat; shorebird feeding and roosting areas.
(4) Minor corrections as indicated in the basis statement, which is available at http://www.maine.gov/dep/blwq/rule.htm
EFFECTIVE DATE: February 25, 2008
AGENCY CONTACT PERSON: Hetty Richardson, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7799



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. #156A: Transitional Food Assistance (TFA)
ADOPTED RULE NUMBER: 2008-89
CONCISE SUMMARY: This rule provides 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.
EFFECTIVE DATE: March 1, 2008
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 ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800) 606-0215