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Home > Weekly Newspaper Notices > June 4, 2008

June 4, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.07(1), Sea Urchin Harvesting Season 2008-2009 – Zone 1
PROPOSED RULE NUMBER: 2008-P122
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2008-2009. The Department proposes a 10 day season for divers, trappers, rakers and draggers in 2008-2009, which was the same length of season in 2007-2008. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 10 days in September or 10 days in December.
RULE TITLE OR SUBJECT: Ch. 26.07(2), Sea Urchin Harvesting Season 2008-2009 – Zone 2
PROPOSED RULE NUMBER: 2008-P123
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA §6171, §6171-A, and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2008-2009. The Department proposes a 45 day season for divers, trappers, rakers and draggers in 2008-2009, which was the same length of season in 2007-2008. The Sea Urchin Zone Council recommended the selection of these particular days.
AGENCY CONTACT PERSON: Margaret Hunter (tel: 207-633-9500)
E-MAIL: margaret.hunter@maine.gov
STATUTORY AUTHORITY: 12 MRSA §6171, §6171-A and §6749
Monday, June 23, 2008, 6:00 p.m.*, Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth. (*The Zone 2 season proposed rules will be followed by proposed season rules for Zone 1.)
Wednesday, June 25, 2008, 6:00 p.m.*, Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor. (*The Zone 1 season proposed rules will be followed by proposed season rules for Zone 2.)
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: July 7, 2008
MAIL WRITTEN COMMENTS TO: DMR, attn: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
E-MAIL: laurice.churchill@maine.gov
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207)287-7578.



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #07-08
PROPOSED RULE NUMBER: 2008-P124
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: June 20, 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: June 20, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521
E-MAIL: stan.millay@maine.gov



AGENCY: 10-149 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
RULE TITLE OR SUBJECT: Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs: Assisted Living Programs; Level I, II, III, and IV Residential Care Facilities; and Level I, II, III, and IV Private Non-Medical Institutions
PROPOSED RULE NUMBER: 2008-P125
CONCISE SUMMARY: Public Law 07, Chapter 324(5), (6), (7), and (11) mandated routine technical changes to 10-149 C.M.R. Ch. 113. To comply with this law, sections 3 and 4 within each of the 9 rules contained in Chapter 113 have been amended as follows:
[1] Adds ‘operating without a license’ provisions, see Sections 3.2, 4.11 [in Assisted Living Programs, Level I, II, III, and IV Residential Care Facilities] and Section 4.12 [in Level I, II, III, and IV Private Non- Medical Institutions].
[2] Amends ‘right of entry’ provisions, Section 3.18.
[3] Adds a ‘confidential information’ provision, Section 3.32.
[4] Amends ‘financial penalties’ provisions, Section 4.8.6
The proposed rules include various technical, non-substantive changes relating to section numbering, intra-Departmental agency name changes, spelling, and usage. To comply with 5 MRSA §8052(8), a ‘statutory history’ page is included as the last page of each of the 9 rules contained in the Regulations Governing the Licensing and Functioning of Assisted Housing Programs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
ECONOMIC IMPACT ON SMALL BUSINESSES: [Applies to businesses with 20 or fewer employees.] DHHS has determined that the proposed amended licensing rules implementing legislatively mandated requirements (explained above) can be performed within provider resources and no economic impact statement is required.
STATUTORY AUTHORITY: Public Law 2007, Chapter 324(5), (6), (7), (11) [routine technical rule]; 22 MRSA Chapters 1663 and 1664; 22 MRSA §42(1); and 22-A MRSA §205(2).
PUBLIC HEARING: None scheduled unless requested by 5 or more interested persons.
DEADLINE FOR COMMENTS: July 8, 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
TTY: (800) 606-0215
FAX: (207) 287-9252
E-MAIL: peter.mauro@maine.gov



AGENCY: 12-597 - Maine Department of Labor, Bureau of Employment Services
RULE TITLE OR SUBJECT: Ch. 2, Competitive Skills Scholarship Program: Sections 1 and 6
PROPOSED RULE NUMBER: 2008-P126
CONCISE SUMMARY: The proposed rule amends the definition of marketable post secondary degree in Section 1 of the rule to clarify the instances in which a postsecondary degree is considered to be not marketable and to clarify that individuals with licenses and certificates that permit them to work in an occupation that is already deemed to be high wage and in demand is considered to have a marketable post secondary degree. The proposed rule also amends Section 6 of the rule to clarify that the Competitive Skills Scholarship Program does not assist people with graduate level education.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2007, ch. 352, codified at 26 MRSA chapter 25, subchapter 5
PUBLIC HEARING: n/a
DEADLINE FOR COMMENTS: July 7, 2008
AGENCY CONTACT PERSON: Auta Main, Maine Department of Labor, Bureau of Employment Services, 55 State House Station, Augusta, ME 04330
E-MAIL: Comments may be submitted to auta.m.main@maine.gov
TELEPHONE: (207) 623-7975



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 159P: Eligibility for Iraqi and Afghani Special Immigrants
PROPOSED RULE NUMBER: 2008-P127
CONCISE SUMMARY: Iraqi and Afghani special immigrants were granted Federal Food Stamp eligibility status by Federal law for a limited period as of December 26, 2007, not to exceed eight (8) months for Iraqis, and not to exceed six (6) months for Afghanis, beginning with the effective date of their special status. This rule also proposes the following policy clarifications, deletions and additions:
1. Establishes “majority of meals” as the procedure for determining household membership for individuals living together full time or part time.
2. Clarifies procedure for determining household membership for children in joint-custody situations.
3. Deletes confusing text that tied ASPIRE/JET participation with TANF work requirements to determine work registration exemptions.
4. Clarifies when to end disqualification period for individuals disqualified from Food Stamps for not complying with work requirements.
5. Clarifies procedures for determining cause of application processing delays and correct procedure for notifying applicants of their responsibilities concerning completing the application process timely.
6. Changes formatting to allow for better fit and flow of text, removes duplicate text and corrects headings on affected pages and connecting pages to this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Federal Public Law 110-161, 181 and 22 MRSA 42(8)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 4, 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)
E-MAIL: bob.thibodeau@maine.gov


ADOPTIONS



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 50, Prices for Data Sets, Fees for Programming and Report Generation, Duplication Rates
ADOPTED RULE NUMBER: 2008-226
CONCISE SUMMARY: This rule revises the schedule of fees to include the purchase of quality data and financial data sets that are available from the Maine Health Data Organization. In addition, it adds a new category of practitioner identifiable data. This rule is not expected to have any adverse economic impact on small business.
See www.maine.gov/mhdo for MHDO adopted rules.
EFFECTIVE DATE: May 28, 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
E-MAIL: alan.m.prysunka@maine.gov



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND. TITLE: Ch. 120, Release of Data to the Public (major substantive)
ADOPTED RULE NUMBER: 2008-227
CONCISE SUMMARY: This 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. This rule is not expected to have any adverse economic impact on small business.
CHAPTER NUMBER AND TITLE: Ch. 270, Uniform Reporting System for Health Care Quality Data Sets (major substantive)
ADOPTED RULE NUMBER: 2008-228
CONCISE SUMMARY: This rule change includes the addition of nursing surveys to access their perception of the culture of safety in their health care facilities to be conducted by all Maine hospitals. In accordance with the provisions of 22 MRSA §8708-A, the modification of the rules must be coordinated between the Maine Quality Forum and the Maine Quality Forum Advisory Council. This rule is not expected to have any adverse economic impact on small business.
See www.maine.gov/mhdo for MHDO adopted rules.
EFFECTIVE DATE: June 22, 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
E-MAIL: alan.m.prysunka@maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-08
ADOPTED RULE NUMBER: 2008-229
CONCISE SUMMARY: Minimum June 2008 Class I price is $21.43/cwt. plus $1.49/cwt. for Producer Margins, an over-order premium of $1.85/cwt. as being prevailing in Southern New England and $.70/cwt. handling fee for a total of $25.67/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: June 1, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station Augusta ME 04333
TELEPHONE: (207) 287-7521
E-MAIL: stan.millay@maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Antlerless Deer Hunting Restrictions
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping
ADOPTED RULE NUMBER: 2008-230
CONCISE SUMMARY: In accordance with Title 12 MRSA §11152, the Commissioner of Inland Fisheries and Wildlife has adopted Antlerless Deer Hunting Restrictions for the 2008 regular deer hunting, archery, and special muzzle-loading seasons. This establishes 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 - 0 permits
WMD 13 - 0 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 - 4,500 permits
WMD 21 - 4,725 permits
WMD 22 - 6,850 permits
WMD 23 - 9,925 permits
WMD 24 - 2,200 permits
WMD 25 - 3,750 permits
WMD 26 - 2,050 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 - 600 permits
TOTAL – 51,850
All other antlerless deer regulations in effect in 2007 shall remain the same, except that during the regular archery season, it shall be unlawful to take or hunt antlerless deer in a Wildlife Management District that does not have any-deer permits allocation to that district.
EFFECTIVE DATE: June 3, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov



AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 157, CO2 Budget Trading Program Waiver and Enforcement
ADOPTED RULE NUMBER: 2008- 232
CONCISE SUMMARY: Chapter 157 provides the DEP Commissioner the authority, under exceptional circumstances, to waive or suspend requirements of the CO2 Budget Trading Program, 06-096 CMR Chapter 156.
Copies of this rule are available upon request by contacting the Agency contact person listed below.
EFFECTIVE DATE: June 14, 2008
AGENCY CONTACT PERSON: Andrea Lani, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437