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Home > Weekly Newspaper Notices > August 27, 2008

August 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: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 97, Private Non-Medical Institution Services
PROPOSED RULE NUMBER: 2008-P213
CONCISE SUMMARY: The Department of Health and Human Services is proposing changes to MaineCare Benefits Manual, Ch. II Section 97, Private NonMedical Institution Services.
This proposed rule will permanently adopt emergency rules currently in place. In this rulemaking, the Department is eliminating language about bedhold days. These rules are intended to achieve a savings of $2,000,000.00 in the general fund for SFY 08-09.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA (42, (3173
PUBLIC HEARING: September 17, 2008 2:00 p.m., Conference Room, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before September 10, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 28, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, Manager, Division of Policy and Performance, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: patricia.dushuttle@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs
PROPOSED RULE NUMBER: 2008-P214
CONCISE SUMMARY: This proposed rule will permanently adopt language in Chapter 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs that currently only allows bedhold hold reimbursement when an associated PNMI treatment cost has also been billed under MaineCare. Providers billing for PNMI room and board costs under Chapter 115 (PNMI Appendices C and F only) will still be able to bill up to thirty (30) bedhold days per calendar year when a member is absent from the facility. The codes used for this billing continue to be reimbursed with the billing codes “BL” and “MRBL.” This will allow for continued reimbursement of some routine fixed costs that are not eliminated when the member is temporarily absent from the facility. These funds are reimbursed by all state dollars, and are not matched with reimbursement from the federal Medicaid program
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA (42, (3173
PUBLIC HEARING: September 17, 2008, 1:00 p.m., Conference Room, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before September 10, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 28, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, Manager, Division of Policy and Performance
AGENCY NAME: Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: patricia.dushuttle@maine.gov



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 8, Endangered Species
PROPOSED RULE NUMBER: 2008-P215
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has proposed four (4) additional designations of areas as Essential Habitat for Piping Plover and Least Tern nesting, feeding, and brood rearing. In addition, the Department is proposing to modify 8.05.C.3 the "Designation Criteria" for Piping Plover and Least Tern Essential Habitat; and 8.05.C.4 the "Interpretation of Essential Habitat Area Boundaries."
One or more new Piping Plover nesting, feeding, and brood-rearing areas are being designated in the towns of Biddeford, Cape Elizabeth, and Old Orchard Beach.
Designation of mapped sites by rule would require evaluation by Inland Fisheries and Wildlife of any projects partly or wholly within areas that require state or local permits, or are funded by, or carried out by, state or local governments, to determine if the projects would significantly alter or unreasonably harm the Essential habitat. Letters of notification and maps of proposed areas have been sent to all known affected landowners.
Modification of 8.05.C.3 the "Designation Criteria" for Piping Plover and Least Tern essential habitat would eliminate the criteria for". . .record of nesting by at least one pair of Piping Plovers or Least Terns since 1986,..."
Modification of 8.05.C.4 the "Interpretation of Essential Habitat Area Boundaries" would incorporate the above Piping Plover nesting, feeding, and brood-rearing areas are being designated in the towns of Biddeford, Cape Elizabeth, and Old Orchard Beach into the section; it would also change the rule to indicate that aerial photographs depicting Piping Plover and Least Tern Essential Habitats are available in all Department offices.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 12803. and 12804
PUBLIC HEARINGS: September 18, 2008, Old Orchard Beach Town Office, 1 Portland Avenue, Old Orchard Beach - 6:30 p.m.
DEADLINE FOR COMMENTS: September 29, 2008
AGENCY CONTACT PERSON: Written comments should be directed to Andrea Erskine, Maine Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
FAX: (207) 287-6395
E-MAIL: andrea.erskine@maine.gov



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 161P: Standard Utility Allowance Increases
PROPOSED RULE NUMBER: 2008-P216
CONCISE SUMMARY: This rule proposes increase the full standard utility allowance as well as the non-heat utility allowance when determining the benefit amount for eligible households. The increased allowances are the result of increased costs for fuel and other utilities. Not all households will receive an increase in benefits. The full standard utility allowance for those incurring heating/cooling costs or receiving LIHEAP will increase from $546 a month to $700 a month. The non-heating standard allowance will increase from $172 a month to $180 a month. 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: September 26, 2008
AGENCY CONTACT PERSON Robert 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



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 162P: Increase in Income Limits, Maximum / Minimum Allotments, Standard Deductions, and Excess Shelter Deduction
PROPOSED RULE NUMBER: 2008-P217
CONCISE SUMMARY: This policy reflects the annual increases in income limits, maximum and minimum monthly benefits, the standard deduction for all household sizes, and the excess shelter deduction. This rule is not expected to have any adverse impact on small business.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054, 22 MRSA §§ 42; Title IV, Food Conservation and Energy Act of 2008, P.L. 110-246: and 7 CFR 273.10(e (4)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: September 26, 2008
AGENCY CONTACT PERSON Robert 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



AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 16, Allocation of State Ceiling for Low Income Housing Tax Credit Rule
PROPOSED RULE NUMBER: 2008-P218
CONCISE SUMMARY: Maine State Housing Authority (“MaineHousing”) is the State’s designated housing tax credit agency and the Rule is the State of Maine’s qualified allocation plan for allocating and administering the State’s ceiling of low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code of 1986, as amended (the “Code”). MaineHousing is modifying the Rule to implement significant changes to the federal low-income housing tax credit program made pursuant to the Housing and Economic Recovery Act of 2008, which was enacted on and became effective July 30, 2008. The federal law affects projects that have not yet been placed in service, including projects which applied for an allocation of the 2008 State ceiling of low income housing tax credits and have been selected for further processing this year, projects which have received a carryover allocation of low income housing tax credits, and future applications to the 2009 State ceiling. Modifications to the Rule include (1) increasing the per unit caps on the amount of low-income housing tax credits projects to realize the benefit of the increase in the State ceiling of tax credits available for allocation in the State and the increase in the credit rate to the greater of 9% or the credit rate as it has been calculated in accordance with Section 42 of the Code, (2) designating the entire State of Maine as a difficult-to-develop area, so any project that needs the 130% adjustment to the eligible basis of the project to make it financially feasible will qualify for the adjustment, (3) adding a scoring criterion for projects that include the rehabilitation of a certified historic structure and use capital generated from both the federal and State historic preservation tax credits for the development of the project to comply with the federal requirement that housing credit agencies include a selection criterion in their qualified allocation plans regarding the historic nature of a project; (4) designating MaineHousing’s Green Building Standards as a selection criterion to comply with the federal requirement that housing credit agencies include a selection criterion in their qualified allocation plans encouraging the energy efficiency of a project and amending MaineHousing’s Green Building Standards to require the installation of solar assist (preheat) domestic hot water systems in projects; (5) extending the time period for projects that receive a carryover allocation to satisfy the 10% cost test to 12 months from the date a carryover allocation is made; (6) eliminating the annual income re-certification requirement for (i) projects in which all of the units in the project are subject to the applicable income limit of the minimum low-income set-aside for the project, and (ii) units subject to the highest income targeting requirement in 100% credit-eligible projects subject to multiple income targeting requirements; (7) removing the requirement that MaineHousing make tax-exempt financing available for projects financed under Rural Development’s 515 Program to generate automatic low-income housing tax credits, because historical barriers to allocating low-income housing tax credits from the State ceiling to federally-assisted projects have been removed by the federal law change; (8) extending the deadline for submitting applications for the 2009 State ceiling of low income housing tax credits; and (9) making other updates, clarifications and grammatical changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA §§ 4741(1) and 4741(14) and Section 42 of the Internal Revenue Code of 1986, as amended.
PUBLIC HEARING: A public hearing will be held at 9:30 a.m. on Tuesday, September 16, 2008 at the office of Maine State Housing Authority located at 353 Water Street, Augusta, Maine 04330-4633. The meeting room is accessible to persons with disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities. Upon sufficient notice, written materials provided in connection with the public hearing will also be made available in alternative formats.
DEADLINE FOR COMMENTS: 5:00 p.m. on Friday, September 26, 2008
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Jodie Stevens, Counsel, Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE: (207)626-4600 (voice)
TTY: 1 (800) 452-4603
FAX: (207) 626-4692
E-MAIL: jstevens@mainehousing.org



AGENCY: 95-592 - Small Enterprise Growth Board
RULE TITLE OR SUBJECT: Ch. 701, Small Enterprise Growth Program
PROPOSED RULE NUMBER: 2008-P219
CONCISE SUMMARY: The rule amendment is necessary to streamline the functioning of the Board and the processing of applications and investments.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §385
PUBLIC HEARING: None unless requested by 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before September 29, 2008.
AGENCY CONTACT PERSON: Christopher H. Roney, Counsel to the Board, c/o Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095
E-MAIL: croney@famemaine.com


ADOPTIONS



AGENCY: 02-318 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Electricians’ Examining Board
CHAPTER NUMBER AND TITLE:
Amend Ch. 100, Advisory Rulings
Amend Ch. 120, Electrical Installation Standards
New Ch. 125, Scope of Practice
Repeal and Replace Ch. 130, Examination and Licensing Requirements
Amend Ch. 150, Reciprocity
Repeal Ch. 160, Complaints, Investigations and Adjudicatory Hearings
New Ch. 170, Denial Appeals
ADOPTED RULE NUMBER: 2008-360 through 366
CONCISE SUMMARY: In this rulemaking proceeding the board:
1. Clarified guidelines for issuing advisory rulings.
2. Removed rule provisions in Ch. 100 that are no longer needed, such as Meeting Notices, Meeting Agendas and Records, and all of Ch. 160, which dealt with complaints, investigations and adjudicatory hearings.
3. Adopted the 2008 edition of the National Electrical Code, with Maine specific amendments and exceptions.
4. Set forth the scope of practice of the various licenses issued by the Board.
5. Clarified the examination and licensure requirements for the various licenses issued by the Board and clarified the renewal, continuing education and late renewal requirements.
6. Clarified the filing requirements for licensure by reciprocity.
7. Set forth a licensee’s right to appeal certain board actions.
EFFECTIVE DATE: September 1, 2008
AGENCY CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605
E-MAIL: cheryl.c.hersom@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. VI, Primary Care Case Management
ADOPTED RULE NUMBER: 2008-367
CONCISE SUMMARY: The Final Rule increases the primary care case management fee from $2.50 per member to month to $3.50 per member per month. The rule expands the PCCM eligibility to include those members with Supplemental Security Income (SSI) who are not eligible for Medicare. The Final Rule is effective on August 20 2008, however the changes increasing the primary care case management fee from $2.50 per member per month to $3.50 per member per month is retroactively in effect on July 1, 2008.
The Department added language to sub-section 1.08-2(o) stating that participating physicians must oversee and manage a care plan for patients who have chronic conditions including but not limited to: Chronic Obstructive Pulmonary Disease (COPD), Asthma, Cardiovascular Disease (CVD), depression and/or diabetes. Some MaineCare members will be exempted from participation, including but not limited to those who are hospitalized (inpatient) on the date they are enrolled, those Native American or Alaskan members who by federal authority may voluntarily opt out of the program, and certain foster children. The final rule also states that PCCM providers will no longer be required to manage audiology, speech/language pathology services. The Department has additionally updated language consistent with Chapter I that clarifies care for non citizens. The Department made several other structural, administrative and grammatical changes and updates to make the rule consistent with language in other areas of the MaineCare Benefits Manual (MBM). The Final Rule does not have any adverse impact on small business.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 20, 2008
AGENCY CONTACT PERSON: Melanie Miller, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4459
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: melanie.miller@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 19, Home and Community Benefits for the Elderly and Adults with Disabilities
ADOPTED RULE NUMBER: 2008-368
CONCISE SUMMARY: This rule making permanently adopts the proposed language that eliminates requirements for Independent Living Assessments as these are no longer done. In addition, the language that reduces the number of face-to-face care management visits and loosens requirements for home modifications are permanently adopted. Finally, all other minor changes to make the language consistent with the language in the 1915(c) Federal waiver are being adopted.
This rule making does not yield any adverse effects on small businesses or municipalities.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: August 23, 2008
AGENCY CONTACT PERSON: Alyssa Morrison, Health Planner, Division of Policy, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207)-287-9342
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
E-MAIL: alyssa.morrison@maine.gov



AGENCY: 10-144 - Department of Health and Human Services, MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 90, Physician Services
ADOPTED RULE NUMBER: 2008-369
CONCISE SUMMARY: The Department has adopted rules to add coverage of application of fluoride topical varnish by physicians with subspecialties of general or family practice, preventative medicine, pediatric, or internal medicine for members under the age of twenty-one (21) who are at high risk for caries. Coverage by physicians will increase access to this service that is already covered when by provided by a dentist. Research shows that provision of this preventative service reduces the need for restorative dental services for children. The changes for Physician Services are in Chapter II only of the MaineCare Benefits Manual.
The Department did not adopt the other initiative proposed in this rulemaking that would have increased reimbursement for procedure codes to 61.7% of the current Medicare rate (from 53%). The Department withdrew this proposal as a result of errors in calculations that would have inadvertently decreased reimbursement for some specialty procedures. The Department will immediately propose a fee increase in a separate rulemaking that assures that there are no decreases in current reimbursement rates. The Department does not anticipate any adverse impact on small businesses from this rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: September 1, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, Manager, Division of Policy and Performance, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: patricia.dushuttle@maine.gov



AGENCY: 94-434 - Maine Educational Loan Authority (MELA)
CHAPTER NUMBER AND TITLE: Ch. 1, Supplemental Education Loan Program Rules
ADOPTED RULE NUMBER: 2008-370
CONCISE SUMMARY: This rule-making amends the existing Supplemental Education Loan Program Rules to make revisions to the eligible students and borrowers, credit underwriting, finance charges, and repayment terms of MELA’s The Maine Loan®, The Maine Medical Loansm, and MELA Private Consolidation Loansm programs. In addition, a revision is being made to the aggregate balance for non-MELA loans consolidated under the consolidation loan program.
EFFECTIVE DATE: August 24, 2008
AGENCY CONTACT PERSON: Shirley M. Erickson, Executive Director, Maine Educational Loan Authority, 131 Presumpscot Street, Portland, ME 04103
TELEPHONE: (207) 400-3011
E-MAIL: serickson@mela.net



AGENCY: 19-498 – Department of Economic and Community Development (DECD) Office of Community Development (OCD)
CHAPTER NUMBER AND TITLE: Ch. 22, Program Statement for Administering: the 2008 Riverfront Community Development Bond Program
ADOPTED RULE NUMBER: 2008-371
CONCISE SUMMARY: This proposed rule will allow DECO to allocate the state bond federal funds in accordance with the adopted Rule. It describes the design and method of distribution of funds of the Riverfront Community Development Bond Program.
EFFECTIVE DATE: August 25, 2008
AGENCY CONTACT PERSON: Michael D. Baran, Acting Director, Department of Economic & Community Development, Office of Community Development, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816
E-MAIL: mike.baran@maine.gov



AGENCY: 94-293 - Baxter State Park
CHAPTER NUMBER ANDTITLE: Ch. 1, Rules: 5. Entrance Registration, 6. Vehicle Permits, 7. Camping, 11. Supervision of Youths, 12. Fires, 13. Litter, 16. Disturbances, 18. Aircraft, 20. Motorcycles, ATVs, and Bicycles, 21. Snowmobiles, & 25. Solicitation.
ADOPTED RULE NUMBER: 2008-372
CONCISE SUMMARY: Proposed changes to Rules 5. Entrance Registration: This wording is simplified and clarified. The gatehouse hours are changeable and should not be included in the rule text. 6.* Vehicle Permits: The rule pertains exclusively to permits for vehicles, so the title should be changed to reflect that. 7. Camping: This change simplifies and clarifies the statement. 11.* Supervision of Youths: The rule specifically concerns the supervision of youths below the age of 16. 12. Fires: Revised policy for Wassataquoik Island site includes banning of open fires in 2009 to be consistent with similar sensitive, remote sites in BSP. 13. Litter: Using the phrase “trash, rubbish, or litter, camping gear, equipment and materials” covers most applicable definitions and ties the rule to existing Carry In Carry Out policy. This is for protection of public and employee health. 16. Disturbances: The addition of the last sentence to this rule would be combined with elimination of current Rule 25. Audio Devices. This change would simplify and clarify the intent of the rule and bring the rule into compliance with current Park policy and procedure. 18. Aircraft: Specifies when and where pre-registration is required. Clarifies the Park's intent to prohibit flying activities that are inconsistent with the wilderness management directives of the Park. 20.* Motorcycles, ATVS, and Bicycles: Relocation of restriction regarding aircraft to rule 18. 21. Snowmobiles: Amendment of incorrect wording in the existing rule, removal of the allowance for travel south of Route 159 along the East Branch of the Penobscot, and to clarify and simplify the rule. 25.* Solicitation: Introduction of protection of the Park from private vendors impairing the experience of visitors.
*Contains proposed changes to titles of rules.
EFFECTIVE DATE: August 25, 2008
AGENCY CONTACT PERSON: Ada Angotti, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462
TELEPHONE: (207) 723-9500
E-MAIL: ada.angotti@maine.gov



AGENCY: 94-293 - Baxter State Park
CHAPTER NUMBER AND TITLE: Ch. 2, Rule 1 Baxter State Park – Rules for the Purchase of Services and Awards
ADOPTED RULE NUMBER: 2008-373
CONCISE SUMMARY: This chapter outlines the procedures to be used in the purchase of services and the awarding of grants and contracts pursuant to 12 MRSA §908(2). Seeking amendment to remove Rule 31 from Ch. 1 and re-establish Rule 31 as Rule 1 in Chapter 2. Increase amounts of money in Section 4, Waiver. Update of information.
EFFECTIVE DATE: August 25, 2008
AGENCY CONTACT PERSON: Ada Angotti, Baxter State Park, 64 Balsam Drive, Millinocket, ME 04462
TELEPHONE: (207) 723-9500
E-MAIL: ada.angotti@maine.gov