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Home > Weekly Newspaper Notices > October 15, 2008

October 15, 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



AGENGY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 120, Release of Data to the Public
PROPOSED RULE NUMBER: 2008-P264
CONCISE SUMMARY: This proposed rule is being modified to allow for the release of the insured's group number with stipulations. The proposed rule also changes the definitions of "health care claims processor" and "third party payer" to be consistent with the Maine Health Data Organization statutes and other related rules. This proposed rule does not have any adverse impact on small business.
STATUTORY AUTHORITY: 22 MRSA Ch. 1683, §8704, sub-§4 and §8707
RULE TITLE OR SUBJECT: Ch. 125, Health Care Information that Directly Identifies an Individual
PROPOSED RULE NUMBER: 2008-P265
CONCISE SUMMARY: This proposed rule is being changed to remove the insured's health insurance group number from the list of confidential health care information that is deemed to be direct identifiers of individuals and is directly related to the proposed change to Maine Health Data Organization rule, Ch. 120: Release of Data to the Public. This proposed rule does not have any adverse impact on small business.
STATUTORY AUTHORITY: 22 MRSA Ch. 1683, §8704, sub-§4 and Ch. 1711-C, sub-§1-E
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: November 6, 2008, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, Maine 04333-0102
DEADLINE FOR COMMENTS: November 17, 2008
AGENCY CONTACT PERSON: Debra Dodge, Health Planner, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722
E-MAIL: Debra.J.Dodge@Maine.gov



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations
RULE TITLE OR SUBJECT: Ch. 136, Official State of Maine Grades and Standards for Milk and Milk Products for Use with the State of Maine Quality Trademark
PROPOSED RULE NUMBER: 2008-P266
CONCISE SUMMARY: The proposed rule would add to Ch. 136 a definition – “Fresh Milk” means milk offered for sale to the public that complies with 21 CFR 101.95, except that Ultra Pasteurized or Ultra High Temperature pasteurized milk may not be considered “fresh”. Also added to this chapter will be a licensing requirement as follows: An applicant must provide the Department with an affidavit attesting to the fact that all milk offered for sale to the public in containers bearing the “State of Maine Trademark” consists entirely of “fresh milk”.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §§ 443, 443-B, 2901-B, 2909
PUBLIC HEARING: No public hearing is scheduled. These amendments are being posted to a 30-day comment period. A public hearing will be held if requested before the close of comments.
DEADLINE FOR COMMENTS: November 14, 2008
AGENCY CONTACT PERSON: Hal Prince, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841
E-MAIL: Hal.Prince@Maine.gov



AGENCY: 94-089 - Maine Historic Preservation Commission
RULE TITLE OR SUBJECT: Ch. 813, Historic Rehabilitation Tax Credit
PROPOSED RULE NUMBER: 2008-P267
CONCISE SUMMARY: Taxpayers are eligible to receive a tax credit on qualified expenditures relating to the rehabilitation of historic structures in Maine. In order for such expenditures to qualify for the credit, both the rehabilitations and the historic structures must be certified by the Maine Historic Preservation Commission. This rule establishes the procedure to certify that: 1) rehabilitations of historic structures are consistent with the United States Secretary of the Interior’s Standards for Rehabilitation; and 2) historic structures undergoing such rehabilitations are listed in or are eligible for listing in the National Register of Historic Places or are in certified local districts. A certified qualified rehabilitation expenditure means a qualified rehabilitation expenditure, as defined by the federal Internal Revenue Code, section 47(c)(2), made between January 1, 2008 and December 31, 2013 and used in the certified rehabilitation of a certified historic structure.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 27 MRSA §511
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: Friday, November 14, 2008
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Mike Johnson, Maine Historic Preservation Commission, 55 Capitol Street, 65 State House Station, Augusta, ME 04333-0065
TELEPHONE: (207) 287-2949
FAX: (207) 287-2335
E-MAIL: Mike.D.Johnson@Maine.gov



AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT:
Revisions to the Solid Waste Management Rules:
Creation of Ch. 410, Composting Facilities
Revisions to Ch. 400, General Provisions and Ch. 409, Processing Facilities
PROPOSED RULE NUMBER: 2008-P268 through P270
CONCISE SUMMARY: The Department of Environmental Protection is posting draft changes to the Solid Waste Management Rules. The changes include the creation of a new rule chapter, Composting Facilities, 06-096 CMR 410, and revisions to General Provisions, 06-096 CMR 400 and Processing Facilities, 06-096 CMR 409. The revisions include:
* Removing composting regulations from 06-096 CMR 409 and creating a composting facilities chapter at 06-096 CMR 410;
* Creating new exemptions from Department of Environmental Protection rules for Agricultural Composting Operations;
* Establish transition provisions for licenses held by existing composting facilities that are now exempt from 06-096 CMR 410; and
* Addition of new definitions to 06-096 CMR 400
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §1304(1)
PUBLIC HEARING: November 6, 2008 at 10:30 a.m., Holiday Inn / Ground Round, 110 Community Drive, Augusta, ME
DEADLINE FOR COMMENTS: November 17, 2008
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Carla Hopkins, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-8491
FAX: (207) 287-7826
E-MAIL: Carla.J.Hopkins@Maine.gov



AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 555, Standards for the Addition of Transported Wastes to Wastewater Treatment Facilities
PROPOSED RULE NUMBER: 2008-P271
CONCISE SUMMARY: The proposed amendments would update the rule, originally adopted in 1989, and modify the types and quantities of transported wastes that can be accepted at a wastewater treatment facility.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 Maine Revised Statutes Annotated §341-D(1-B) and §1304(1)
PUBLIC HEARING: Thursday, November 6, 10:00 a.m., Holiday Inn, Community Drive, Augusta. Written comments may be submitted to the agency contact person by mail at the address below, by fax at (207) 287-7826, or by email at Dennis.L.Merrill@Maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that the risk of non-delivery associated with submissions by fax or email is on the sender. A copy of the rule is available upon request from the contact below, and on the web at: http://www.maine.gov/dep/blwq/rule.htm.
DEADLINE FOR COMMENTS: November 17, 2008, at 5:00 p.m.
AGENCY CONTACT PERSON: Dennis Merrill, Bureau of Land and Water Quality, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7788
E-MAIL: Dennis.L.Merrill@Maine.gov



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting
PROPOSED RULE NUMBER: 2008-P272
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule establishing the number of moose hunting permits to be issued for the 2009 season. Permits will be issued for bulls, antlerless and any-moose. Permits are allocated according to Wildlife Management District as follows:

WMD 1 – 120 bulls / 20 antlerless
WMD 2 – 95 bulls
WMD 3 – 225 bulls / 230 antlerless
WMD 4 – 255 bulls
WMD 5 – 125 bulls
WMD 6 – 220 bulls / 280 antlerless
WMD 7 – 125 bulls
WMD 8 – 235 bulls
WMD 9 – 50 bulls
WMD 10 – 100 bulls / 10 antlerless
WMD 11 – 160 bulls / 120 antlerless
WMD 12 – 35 bulls / 20 antlerless
WMD 13 -- 35 bulls / 10 antlerless
WMD 14 – 35 bulls
WMD 15 – 25 any-moose*
WMD 16 – 20 any-moose*
WMD 17 – 30 bulls / 30 antlerless
WMD 18 – 80 bulls / 20 antlerless
WMD 19 – 90 bulls / 20 antlerless
WMD 23 – 45 any-moose*
WMD 26 – 45 any-moose*
WMD 27 – 25 bulls / 5 antlerless
WMD 28 – 60 bulls / 15 antlerless
TOTAL: 2,100 bulls/780 antlerless/135 any-moose
In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 27, and 28 the season will begin on the second Monday of October and remain open for 6 days.
*In WMDs 15, 16, 23 and 26, the season begins the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving; the Saturday preceding the first day of this season is open for the hunting of moose by permit holders who are residents of this State only. The term “any-moose” means a moose of either sex. Persons hunting moose during this season must comply with the same hunter orange requirements as deer hunters. The legal hunting hours will be from ½ hour before sunrise to ½ hour after sunset.
It shall be unlawful for any permit holder or their subpermittee to hunt moose inconsistent with the specifications designated on the permit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11551
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: November 14, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@Maine.gov


ADOPTIONS



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. #160A: Food, Conservation and Energy Act (FCEA) of 2008 Mandatory Changes
ADOPTED RULE NUMBER: 2008-477
CONCISE SUMMARY: This rule implements the following changes to comply with Federal Law:
1. Removes Individual Retirement Accounts and other pension plans as countable assets.
2. Adds several tax-deferred retirement accounts to the list of excluded assets.
3. Adds certain Federal Thrift Savings accounts to the list of excluded assets.
4. Adds certain tax-deferred education savings accounts to the list of excluded assets.
5. Removes dependent care deduction cap and allows all out of pocket expenses for dependent care.
6. Adds dependent care deductions to the list of mandatory verification items.
7. Changes notification criteria and expungement time line for aging Food Stamp benefits.
This rule also implements the following policy correction and addition for clarification:
1. Corrects typographical error under Ending Job Quit Disqualification.
2. Adds a specific example under ineligible student status exemptions.
This rule is not expected to have any adverse economic impact on small businesses.
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: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: REPEAL AND REPLACE (Dates and Closures); AMENDMENT TO EXISTING RULE FOR REPORTING REQUIREMENTS
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01 (G.1 and l.b.), Furbearing Animals (Beaver Trapping Season Dates and Closures);
ADOPTED RULE NUMBER: 2008-478
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing beaver trapping season dates and individual township openings and closings for the beaver trapping. Townships or portions thereof are opened and closed on an individual basis to manage local beaver populations within the general season framework. In addition, this rule enacts mandatory reporting of incidental capture of lynx.
A copy of the rule may be obtained from the agency contact person.
EFFECTIVE DATE: October 14, 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: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
ADOPTED RULE NUMBER: 2008-479
CONCISE SUMMARY: Rule 803 provides comprehensive definitions and explanations of statutory terms and procedures for filing a withholding tax reports and making payments. Particularly, the proposed Rule clarifies wage methods of withholding, use of electronic W-4ME forms and withholding of wages paid to Maine residents working outside of Maine. In addition, the proposed rule eliminates unnecessary citations and makes other minor editing changes.
CHAPTER NUMBER AND TITLE: Ch. 805, Composite Filing
ADOPTED RULE NUMBER: 2008-480
CONCISE SUMMARY: Rule 805 provides comprehensive definitions and explanations of statutory terms and procedures for filing composite returns of income by pass-through entities. Specifically, the proposed Rule clarifies the requirements for participation by certain taxpayers, including ESBTs and QSSTs, in the composite filing of returns. Additionally, the proposed rule more clearly explains what returns are required of tiered entity structures.
EFFECTIVE DATE: October 14, 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