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Home > Weekly Newspaper Notices > September 10, 2008

September 10, 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: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 601, Estate Tax
PROPOSED RULE NUMBER: 2008-P223
CONCISE SUMMARY: Rule 601 provides comprehensive definitions and explanations of statutory terms and procedures for Maine estate tax returns. Specifically, the proposed Rule clarifies the requirements for participation in a QDOT, the allowance of extensions and the lien release process. The proposed Rule also reflects three statutory changes related to amended returns, final federal determinations and credits. Additional changes were made to mirror statutory language and make editorial corrections and deletions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: October 10, 2008
AGENCY CONTACT PERSON: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536
E-MAIL: John.W.Sagaser@maine.gov



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 164, The Administration of Overweight Oceangoing Containers (OGC) Permits
PROPOSED RULE NUMBER: 2008-P224
CONCISE SUMMARY: This rule outlines the procedures and standards allowing for the discretionary permitting of overweight oceangoing containers by joint action of the Maine Department of Transportation and the Secretary of State. This rule is experimental and permits are issued on a case by case basis.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §2382
PUBLIC HEARING: September 30, 2008 at 10:00 a.m., Bureau of Motor Vehicles – Executive Conference Room, 101 Hospital Street, Augusta, ME
DEADLINE FOR COMMENTS: October 10, 2008
AGENCY CONTACT PERSON: Francis Fox, Bureau of Motor Vehicles – Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9056
E-MAIL: francis.fox@maine.gov



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 886, Energy Infrastructure Corridors
PROPOSED RULE NUMBER: 2008-P225
CONCISE SUMMARY: To comply with recently enacted legislation that directs the Commission to adopt by rule, standards and procedures to implement a law that provides for the designation of energy infrastructure corridors and the development of infrastructure within those corridors
THIS RULE WILL HAVE MINIMAL FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 122
PUBLIC HEARING: October 2, 1:30 p.m. at the Public Utilities Commission, 242 State Street, Augusta, ME 04333-0018
COMMENT DEADLINE: Written comments on the proposed Rule may be filed with the Administrative Director until October 12, 2008. However, the Commission requests that comments be filed by September 29, 2008, to allow for follow-up inquiries during the hearing; supplemental comments may be filed after the hearing. Written comments should refer to Docket No. 2008-331
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: paula.cyr@maine.gov



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 155, Rules Governing Permits for Non-Divisible, Oversized and Overweight Combination Vehicles Engaged in Interstate Commerce
PROPOSED RULE NUMBER: 2008-P226
CONCISE SUMMARY: This rule sets forth the procedures used by the Department of the Secretary of State for receiving applications and granting permits for the movement of oversized and overweight combination vehicles engaged in interstate travel on highways and bridges under the jurisdiction of the Department of Transportation pursuant to the Interstate Compact adopted by the New England Transportation Consortium.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §§ 2382, 2384
PUBLIC HEARING: September 30, 2008 at 11:00 a.m., Bureau of Motor Vehicles – Executive Conference Room, 101 Hospital Street, Augusta, ME
DEADLINE FOR COMMENTS: October 10, 2008
AGENCY CONTACT PERSON: Francis Fox, Bureau of Motor Vehicles – Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9056
E-MAIL: francis.fox@maine.gov



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting Season
PROPOSED RULE NUMBER: 2008-P227
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule establishing the dates for the wild turkey hunting season to occur as follows: May 4, 2009 - June 6, 2009 for all hunters (there will no longer be a split season); Youth Spring Wild Turkey Hunting Day will occur on the Saturday preceding the opening day (May 2, 2009), and legal hunting hours will change from 1/2 hour before sunrise to 1/2 hour after sunset; currently hunting ends at 12:00 noon. A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA §11701
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: October 10, 2008
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov



AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2008-P228
CONCISE SUMMARY: The proposed rule amendment would increase the maximum amount of seed money contributions which gubernatorial candidates seeking Maine Clean Election Act funding could receive during the qualifying period from $50,000 to $100,000. A copy of the proposed rule amendment is available on the Ethics Commission’s website – www.maine.gov/ethics or by calling (207) 287-4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(1); 21-A MRSA §1126
PUBLIC HEARING: Monday, September 29, 9:00 a.m., Public Utilities Commission Hearing Room at 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Tuesday, October 14, 2007
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4179
E-MAIL: jonathan.wayne@maine.gov



AGENCY: 02-032 - Office of Securities
RULE TITLE OR SUBJECT: Ch. 512 (New), Prohibition Against Use of Misleading Senior Designations. There will also be minor changes to Ch. 504, Broker-Dealer and Agent Licensing, and Ch. 515, Investment Adviser Licensing.
PROPOSED RULE NUMBER: 2008-P229 through P231
CONCISE SUMMARY: This rule-making would adopt a model state rule prohibiting the use of certifications or designations by persons engaged in selling securities or investment advice under circumstances that may mislead investors about the person’s level of expertise in advising or servicing the financial needs of seniors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §16605
PUBLIC HEARING): October 2, 2008 at 10:30 a.m., Department of Professional and Financial Regulation, Kennebec Room, 124 Northern Avenue, Gardiner, Maine 04345
DEADLINE FOR COMMENTS: October 13, 2008
AGENCY CONTACT PERSON: Stephen L. Diamond, Office of Securities, 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551
E-MAIL: Stephen.L.Diamond@Maine.gov


ADOPTIONS



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2008-388
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2008 Migratory Bird Hunting Season.
These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: September 7, 2008
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: andrea.erskine@maine.gov



AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2008-389
CONCISE SUMMARY: The Office of Licensing and Registration increased license fees for auctioneers and real estate appraisers, and eliminated fees that relate to qualifying education and continuing education for real estate appraisers.
EFFECTIVE DATE: September 7, 2008
AGENCY CONTACT PERSON: Jeffrey Frankel, OLR Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615
E-MAIL: jeffrey.m.frankel@maine.gov