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Home > Weekly Newspaper Notices > April 16, 2008

April 16, 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: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Antlerless Deer Hunting Restrictions
PROPOSED RULE NUMBER: 2008-P72 (2nd publication)
CONCISE SUMMARY: In accordance with Title 12, MRSA, §11152, sub-§3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt Antlerless Deer Hunting Restrictions for the 2008 regular and special muzzleloading deer hunting seasons and restrict the regular archery season and youth hunting day to bucks-only in those Wildlife Management Districts that have no antlerless permits being allocated. This proposal will establish specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:

  WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 0 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 - 175 permits
WMD 13 - 325 permits
WMD 14 - 0 permits
WMD 15 – 4,800 permits
WMD 16 – 3,550 permits
WMD 17 – 8.900 permits
WMD 18 – 0 permits
WMD 19 - 0 permits
WMD 20 – 3,800 permits
WMD 21 – 4,725 permits
WMD 22 – 6,850 permits
WMD 23 – 9,925 permits
WMD 24 – 2,200 permits
WMD 25 – 3,225 permits
WMD 26 - 2,050 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 – 600 permits

WMD 30 - 600 permits
TOTAL – 51,125
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11152
PUBLIC HEARINGS: April 28, 2008 @ 6:30 p.m., Greenville High School, Pritham Avenue, Greenville; May 8, 2008 @ 6:30 p.m., Presque Isle Fish and Game Club, Parson’s Road, Presque Isle.
DEADLINE FOR COMMENTS: May 19, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov



AGENCY: 06-096 - Board of Environmental Protection
RULE TITLE OR SUBJECT: Amendment to Ch. 1262, State-imposed Shore land Zoning Ordinance for the Town of Steuben
PROPOSED RULE NUMBER: 2008-P73
CONCISE SUMMARY: This rule will amend the Official Shoreland Zoning Map for the Town of Steuben by removing a portion of the Resource Protection District from lots 5 through 9 of the "Tide Mill at Dyer Harbor" Subdivision on the east side of a cove off Dyer Harbor in Steuben. The area had been zoned Resource Protection because it was shown as being in the l00-year floodplain. The owner has determined that the lots are not in the floodplain and has obtained a "letter of map amendment" certifying that the lots are not in the floodplain. Thus, the lots can be rezoned for residential development.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §438-A(4)
PUBLIC HEARING: None Scheduled. Written comments are invited.
DEADLINE FOR COMMENTS: May 16, 2008 at 5:00 p.m.
AGENCY CONTACT PERSON: Richard P. Baker, Department of Environmental Protection, State House Station 17,Augusta, Maine 04333
TELEPHONE: (207) 287-7730



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. #FS 158P: Non-heat Utility Allowance Update & Various Policy Clarifications
PROPOSED RULE NUMBER: 2008-P74
CONCISE SUMMARY: This rule proposes the following change to comply with Federal Law:
1. The Non-Heat Utility Allowance (NHUA) Standard is being lowered from $182 to $172 per month. Some Food Stamp households may receive a slight decrease in benefits due to the decrease in the NHUA. This decrease, authorized by the Food and Nutrition Service, is being made as the result of decreases in certain cost elements in Maine, such as water and trash collection, used to calculate this standard.
This rule also provides the following policy clarifications, deletions and additions:
1. Deletes Asset Exclusion example of “resources that cannot be sold or disposed of for a significant return” and instead defines “significant return”.
2. Deletes ‘Garnished wages are counted” from list of Excluded Income as it is misplaced text.
3. Clarifies that Americorps does not provide an on-the-job training (OJT) program so there would never be a need to count Americorps income.
4. Inserts the words “Senior” before the words “Community Service Employment Program” under the list of Excluded Income to update the name of this program.
5. Deletes a paragraph on one page previously moved to another page in a recent Emergency Rule.
6. Clarifies what months to use when determining time limits and amounts for overpayments.
7. Corrects formatting and headings on affected pages and connecting pages to this rule.
This rule will not have an adverse impact on small business.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42 and 3104; 7 CFR 273.9(d)(6) (iii); 7 USC §2014(e)(6)(c)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: May 16, 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, Maine 04333-0011
TELEPHONE: (207) 287-5054
TTY: (800)-606-0215 (Deaf/Hard of Hearing)


ADOPTIONS



AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 2 Section 3, Collection of Permanent Impairment Data
ADOPTED RULE NUMBER: 2008-160
CONCISE SUMMARY: The amendment to Ch. 2 §3 implements 39-A MRSA §213(2) which requires permanent impairment ratings for all cases involving permanent injury.
The Board amended the proposed language after receiving public comment to require a permanent impairment evaluation or report from a health care provider establishing that there is no permanent injury prior to approval of a lump sum settlement and is requesting additional comments.
EFFECTIVE DATE: April 12, 2008
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086



AGENCY: 94-348 - Maine Human Rights Commission
CHAPTER NUMBER AND TITLE:
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
ADOPTED RULE NUMBER: 2008-161 thru 164
CONCISE SUMMARY: This rule repeals the regulatory definition of “physical or mental disability” in 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; and Ch. 8: Housing Regulations of the Maine Human Rights Commission.
EFFECTIVE DATE: April 14, 2008
AGENCY CONTACT PERSON: John P. Gause, Commission Counsel, Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050



AGENCY: 05-071 - Maine Department of Education, and 94-376, Maine Municipal Bond Bank
CHAPTER NUMBER AND TITLE: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund
ADOPTED RULE NUMBER: 2008-165 and 166
CONCISE SUMMARY: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund, governs the requirements for approval of State supported leases and lease-purchases. The revisions amend the rules in order to conform with 20-A MRSA §15672 sub-§2-A. The definitions of temporary and interim space are clarified and definitions for current and new space are deleted. Language regarding administrative space and currently occupied space is deleted. The number of years of State participation for subsidizing leases or lease-purchases is clarified. The authority for granting waivers of the 5 year maximum approval period is transferred from the State Board of Education to the Commissioner of the Department of Education. The annual lease application deadline is amended. The section regarding local share of leases is eliminated.
EFFECTIVE DATE: May 9, 2008
AGENCY CONTACT PERSON: Ann Pinnette, Department of Education, 23 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6885



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 280, Filing Requirements for Prescribers Seeking Confidentiality Protection
ADOPTED RULE NUMBER: 2008-167
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.
This rule is not expected to have any adverse economic impact on small businesses.
EFFECTIVE DATE: April 14, 2008
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: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amend and Repeal and Replace Portions of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting
ADOPTED RULE NUMBER: 2008-168
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing the order of launch for 2008, requiring proof of liability insurance prior to issuance of a commercial whitewater rafting outfitter's license; adding approved/acceptable courses for first-aid and CPR, and making it clear that on-line certification courses for first-aid and CPR will not be accepted.
STATUTORY AUTHORITY: 12 MRSA §§ 12909, 12910, 12913
EFFECTIVE DATE: April 16, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201