Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > September 3, 2008

September 3, 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: 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
PUBLIC HEARING RESCHEDULED: A Notice of Agency Rulemaking Proposal, published on August 27, 2008, provides for a public hearing to be held on September 16, 2008 concerning proposed amendments to Maine State Housing Authority Rule Chapter 16. This public hearing has been rescheduled.
The hearing will be now held at 9:15 a.m. on Monday, September 22, 2008 at the office of Maine State Housing Authority located at 353 Water Street, Augusta, Maine, 04330-4633. The deadline for public comment is extended to 5:00 p.m. on Thursday, October 2, 2008. For more detail on this proposal, see the original August 27 rule-making notice at http://www.maine.gov/sos/cec/rules/notices/2008/082708.htm
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: 12-152 - Maine Department of Labor, Bureau of Rehabilitation Services
RULE TITLE OR SUBJECT: Ch. 1, Maine Department of Labor, Division of Vocational Rehabilitation Rules
PROPOSED RULE NUMBER: 2008-P220
CONCISE SUMMARY: This amendment to the program rules deletes language in Section 3 governing the appeals process to remove an erroneous reference to a party’s right to request administrative review of a hearing officer’s decision. In a previous rulemaking the appeals process had been streamlined by removing administrative review. The proposed amendment removes language that should have been removed during the previous rulemaking.
In addition, Section 10 governing closure was amended to move the section requiring periodic review of unsuccessful closures to a more appropriate location in the section.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §1411-C
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: October 3, 2008
AGENCY CONTACT PERSON: Alice Johnson, Division of Vocational Rehabilitation, 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 623-7964
E-MAIL: alice.c.johson@maine.gov



AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 310, Wetlands and Waterbodies Protection – Section 5(A)
PROPOSED RULE NUMBER: 2008-P221
CONCISE SUMMARY: This rulemaking proposes amendment to Section 5(A) of Chapter 310. Subsection 5(A) is an “avoidance” standard that provides in part that “No activity shall be permitted if there is a practicable alternative to the project that would be less damaging to the environment”, and requires an analysis of alternatives to show that no practicable alternative exists. Additional language in Subsection 5(A) addresses wetlands of special significance. Activities that may be considered for approval in wetlands of special significance are limited to those within specified categories, such as health and safety, and water dependent uses. “Wetlands of special significance” are defined in the existing rule, and the definition is not proposed to be amended in this rulemaking.
The proposed rulemaking would amend Section 5(A) to clarify the provisions concerning wetlands of special significance, and add three additional categories of activities that may considered for approval in wetlands of special significance.
* The first category is for activities to restore or enhance the wetlands of special significance.
* The second category concerns activities at least 250 feet from aquatic vegetation, emergent marsh vegetation, or open water that do not unreasonably adversely affect functions and values of the aquatic vegetation, emergent marsh vegetation, or open water, or of wetlands enhanced or served the by those features.
* The third category concerns certain activity on a pier, wharf, dock or other structure in coastal wetlands, when (a) the structure was built before June 30, 1990 and is still in existence on the date of the application, and (b) the Commissioner of DEP has approved an alternative set of shoreland zoning standards pursuant to 38 MRSA §438-A(2).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §341-D(1-B), and 38 MRSA §§ 480-A et seq.
PUBLIC HEARING: A public hearing is not planned. A request for a hearing must be in writing, directed to the agency contact person listed below, and received by the comment deadline below.
DEADLINE FOR COMMENTS: 5:00 pm, October 3, 2008. Comments may be submitted by mail, e-mail or fax. To ensure the comments are considered, they must include your name and the organization you represent, if any.
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Hetty Richardson Maine Department of Environmental Protection 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7799
FAX: (207) 287-7826
E-MAIL: Hetty.L.Richardson@maine.gov
WEB ADDRESS WHERE DRAFT AMENDMENTS WILL BE LOCATED: http://www.maine.gov/dep/blwq/rule.htm



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #10-08
PROPOSED RULE NUMBER: 2008-P222
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.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: September 19, 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: September 19, 2008
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
TELEPHONE: (207) 287-7535
E-MAIL: tim.drake@maine.gov


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: 2008-382
CONCISE SUMMARY: Adopted amendments. Pursuant to Resolves 2007, ch. 199 mandated by the 123rd Legislature, the Department of Health and Human Services amends the child care facility licensing rules to regulate the use of lakes and ponds by children in the care of a licensed child care facility. Specifically, this rule: [1] eliminates the lifeguard requirement when child care facilities have off-site swimming activities at lakes and ponds; [2] requires providers to have a written water safety plan for swimming activities at lakes and ponds; [3] requires written parental permission before a child is allowed to participate in swimming activities at lakes and ponds; [4] requires written parental notice that there will be no lifeguard on duty at lakes and ponds during swimming activities; and [5] requires providers to ensure that there is a barrier, such as a roped-off area with buoys, for an area of the lake or pond for swimming activities that is no wider that 16 feet across at any point and partitions off a part of the water that is not deeper than 4 feet at any point.
ECONOMIC IMPACT ON SMALL BUSINESSES. [Applies to businesses with 20 or fewer employees.] Eliminating the requirement of a lifeguard when swimming at lakes and ponds makes this activity more available to children in the care of a licensed child care facility and lessens the cost of compliance with the rules governing swimming activities. DHHS has determined that the amended rules implementing legislatively mandated requirements (explained above) can be performed within provider resources and no economic impact statement is required.
EFFECTIVE DATE: August 27, 2008
The adopted rule is available on the Division of Licensing and Regulatory Services’ website http://www.maine.gov/dhhs/dlrs/rulemaking/adopted/home.html.
Call (207) 287-9254 to have a paper copy of the rule mailed to you.
AGENCY CONTACT PERSON: Catherine M. Cobb, Director, Division of Licensing and Regulatory Services, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2979. TOLL FREE: 1 (800) 791-4080
TOLL FREE TTY: 1 (800) 606-0215
FAX: (207) 287-5807
E-MAIL: catherine.cobb@maine.gov



AGENCY: 10-148 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE: Ch. 33, Rules for Family Child Care Providers
ADOPTED RULE NUMBER: 2008-383
CONCISE SUMMARY. Adopted amendments.  Pursuant to Resolves 2007, ch. 199 mandated by the 123rd Legislature, the Department of Health and Human Services amends the family child care provider certification rules to regulate the use of lakes and ponds by children in the care of a certified family child care provider. Specifically, this rule: [1] eliminates the lifeguard requirement when family child care providers have off-site swimming activities at lakes and ponds; [2] requires providers to have a written water safety plan for swimming activities at lakes and ponds; [3] requires written parental permission before a child is allowed to participate in swimming activities at lakes and ponds; [4] requires written parental notice that there will be no lifeguard on duty at lakes and ponds during swimming activities; and [5] requires providers to ensure that there is a barrier, such as a roped-off area with buoys, for an area of the lake or pond for swimming activities that is no wider that 16 feet across at any point and partitions off a part of the water that is not deeper than 4 feet at any point.
Economic impact on small businesses. [Applies to businesses with 20 or fewer employees.] Eliminating the requirement of a lifeguard when swimming at lakes and ponds makes this activity more available to children in the care of a certified family child care provider and lessens the cost of compliance with the rules governing swimming activities. DHHS has determined that the amended rules implementing legislatively mandated requirements (explained above) can be performed within provider resources and no economic impact statement is required
EFFECTIVE DATE: August 27, 2008
The adopted rule is available on the Division of Licensing and Regulatory Services’ website http://www.maine.gov/dhhs/dlrs/rulemaking/adopted/home.html. Call (207) 287-9254 to have a paper copy of the rule mailed to you.
AGENCY CONTACT PERSON: Catherine M. Cobb, Director, Division of Licensing and Regulatory Services, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2979. TOLL FREE: 1 (800) 791-4080
TTY TOLL FREE: 1 (800) 606-0215
FAX: (207) 287-5807
E-MAIL: catherine.cobb@maine.gov



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. #161E: Standard Utility Allowance Increases
ADOPTED RULE NUMBER: 2008-384
CONCISE SUMMARY: This rule will 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.
EFFECTIVE DATE: September 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
E-MAIL: bob.thibodeau@maine.gov



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. #162E: Increase in Income Limits, Maximum/Minimum Allotments, Standard Deductions, and Excess Shelter Deduction.
ADOPTED RULE NUMBER: 2008-385
CONCISE SUMMARY: The Department has adopted this Emergency Food Stamps Rule to immediately adjust income limits, maximum and minimum monthly allotments, and certain deductions that are used when calculating eligibility. The federal government requires Maine to begin using these new standards by October 1, or face sanctions that could threaten the ability of low income Maine residents from accessing federal food assistance benefits to which they are entitled. This rule is not expected to have any adverse impact on small business.
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.
EFFECTIVE DATE: October 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
E-MAIL: bob.thibodeau@maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-08
ADOPTED RULE NUMBER: 2008-386
CONCISE SUMMARY: Minimum September 2008 Class I price is $20.90/cwt. plus $1.35/cwt. for Producer Margins, an overorder premium of $1.53/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $24.91/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.mairie.gov/agriculture/mmc/prihis.htm.
EFFECTIVE DATE: August 31, 2008
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7535
E-MAIL: tim.drake@maine.gov