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Home > Weekly Newspaper Notices > October 22, 2008

October 22, 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: 02-386 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board of Elevator and Tramway Safety
RULE TITLE OR SUBJECT:
Ch. 1, Definitions (amended)
Ch. 5, Board Meetings (repealed)
Ch. 11, National Codes Applicable to Elevators and Tramways (amended)
Ch. 13, Elevators (amended)
Ch. 21, Elevator Owners’ Duties and Responsibilities (amended)
Ch. 23, Tramway Owners’ Duties and Responsibilities (amended)
Ch. 31, Licensed Private Elevator Inspectors (amended)
PROPOSED RULE NUMBER: 2008-P273 through P279
CONCISE SUMMARY: The proposed rules adopt updated versions of the national codes applicable to the design, construction, installation, maintenance, repair, alteration, operation and inspection of elevators and tramways. These codes are incorporated by reference into the board’s rules. The proposed rules also: (a) relocate the definitions of “significant injury (tramways)” and “tramway equipment failure” from Ch. 23 to Ch. 1 of the board’s rules, (b) repeal provisions of the board’s rules relating to meeting agendas and the election of board officers, (c) permit registration numbers to be legibly and permanently affixed to elevators as an alternative to stamping, (d) require that the disconnecting means for vertical platform lifts be at the lowest landing outside the runway, (e) require elevator and tramway owners to apply for new inspection certificates no later than 30 business days before the current inspection certificate expires, (f) shorten an owner’s time to report a change of address or telephone number or an elevator or tramway’s change in status from 30 days to 10 days, (g) require tramway owners to ensure that maintenance personnel employed to work on tramway equipment are trained and competent, and (h) make minor changes to the provisions of Ch. 1, 11, 13, 21, 23 and 31.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8056(1)(B); 32 MRSA §§ 15202, 15205, 15206, 15208, 15211, 15212, 15216-C, 15221, 15224, 15227, 15228, 15229
PUBLIC HEARING: November 13, 2008, 9:00 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: November 24, 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: 94-411 - Maine Public Employees Retirement System
RULE TITLE OR SUBJECT: Ch. 303, Actuarial Factors and Tables
PROPOSED RULE NUMBER: 2008-P280
CONCISE SUMMARY: This rule specifies the actuarial factors and tables to be used in administering the benefit programs of the Maine Public Employees Retirement System. The proposed amendments to this rule removes the use of a gender based actuarial table that is presently used in very limited benefit calculation circumstances. This change is required because gender-based tables are not permissible under law. The proposed amendments also incorporate into the rule explicit language regarding the System’s compliance with the distribution rules as specified in Section 401(a)(9) of the Internal Revenue Code.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 3 MRSA §701(2); 4 MRSA §1201(2); 5 MRSA §§ 17001(2) and 17303(4)
PUBLIC HEARING: November 13, 2008 at 9:05 a.m. at the Maine Public Employees Retirement System, Second Floor Conference Room, Two Central Plaza, Corner of Sewall and Capital Streets, Augusta, Maine.
DEADLINE FOR COMMENTS: November 24, 2008
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800
E-MAIL: Kathy.Morin@Mainepers.org



AGENCY: 94-411 - Maine Public Employees Retirement System
RULE TITLE OR SUBJECT: Ch. 601, Group Life Insurance
PROPOSED RULE NUMBER: 2008-P281
CONCISE SUMMARY: The proposed amendments to this rule set forth the standards by which a participating local district employer may include or exclude employees on the basis of nature and type of employment or conditions. The proposed amendments also include a non-substantive change to correct language format and provide clarification.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 5 MRSA §§ 17103(4), 18655
PUBLIC HEARING: November 13, 2008 at 9:05 a.m. at the Maine Public Employees Retirement System, Second Floor Conference Room, Two Central Plaza, Corner of Sewall and Capital Streets, Augusta, Maine.
DEADLINE FOR COMMENTS: November 24, 2008
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800
E-MAIL: Kathy.Morin@Mainepers.org



AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 181, Child Development Services System: Regional Provider Advisory Boards (repealed)
PROPOSED RULE NUMBER: 2008-P282
CONCISE SUMMARY: The rule governs the establishment of advisory boards, to regional Child Development Services Boards of Directors, consisting of representatives of catchment area service providers to advise on matters related to service provision to children and families within the regions served by the Child Development Services sites.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: The statutory authority for this regulation was repealed effective May 30, 2006
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: November 21, 2008
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station #23, Augusta, Maine 04333
TELEPHONE: (207) 624-6669
E-MAIL: Jaci.Holmes@Maine.gov



AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 182, Formula for Distribution of Funds to Child Development Services Regional Sites (major substantive)
PROPOSED RULE NUMBER: 2008-P283
CONCISE SUMMARY: The rule governs the distribution of annual grant awards from available funds to regional intermediate educational units in accordance with a funding formula to ensure the provision of Child find, early intervention services for eligible children birth to under age 3, and special education and related services for eligible children three to under age 6 with disabilities and their families.
The Administration and directs services pods within the regulation have been changed to be based on concepts of per child costs comparable to the Essential Programs and Services formula for the public schools. The Child Find/ Case management pod has been changed to reflect a specific child/staff ratio for children B-2 and for 3-5 year olds.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §7005(1)
PUBLIC HEARING: November 10, 2008, 10-11 a.m., Cross State Office Building, Room 500 (5th Floor), State Complex, Augusta, Maine
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station #23, Augusta, Maine 04333
TELEPHONE: (207) 624-6669
E-MAIL: Jaci.Holmes@Maine.gov



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1.01, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 2008-P284
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following fishing regulation:
Clearwater Lake, Franklin County --
Open to the dipping of smelts

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: November 13, 2008; University of Maine at Farmington, Student Center CR 123, Main Street, Farmington; 6:30 p.m.
DEADLINE FOR COMMENTS: November 24, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov


ADOPTIONS


AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Administration: Section 10, Licensing Participants, Sub-section 1-A, Financial Responsibility
ADOPTED RULE NUMBER: 2008-481
CONCISE SUMMARY: This rule allows the Commission to require individuals to provide evidence to exhibit his/her ability to maintain financial responsibility. Also, it allows the Commission to take action against an individual if he/she exhibits financial irresponsibility.
CHAPTER NUMBER AND TITLE: Ch. 11, Medication and Testing: Section 5, Prohibited Practices
ADOPTED RULE NUMBER: 2008-482
CONCISE SUMMARY: This new paragraph will regulate the use of shock wave treatment on horses racing in Maine.
CHAPTER NUMBER AND TITLE: Ch. 19, Protests, Appeals and Race Date Assignment Hearings: Section 2, Protests
ADOPTED RULE NUMBER: 2008-483
CONCISE SUMMARY: This rule will bring this section into compliance with the newly adopted definition of "Protest".
EFFECTIVE DATE: October 21, 2008
AGENCY CONTACT PERSON: Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221
E-MAIL: Henry.Jackson@Maine.gov


AGENCY: 26-239 - Office of the Attorney General
CHAPTER NUMBER AND TITLE: Ch. 100, Trade Practices in the Sale of Residential Heating Oil (emergency)
ADOPTED RULE NUMBER: 2008-485
CONCISE SUMMARY: The Attorney General is promulgating an emergency revision to Rule 5 of the Rules entitled "Trade Practices In The Sale of Residential Heating Oil." Rule 5, which was first adopted in 1980, sets forth a Minimum Delivery Requirement for dealers selling residential heating oil during the winter months (October 15 through April 30 of each year). Current Heating Oil Rule 5 requires dealers to make scheduled deliveries of at least 20 gallons, with only a $5 penalty if the customer does not order at least 50% of the consumer's tank storage or 100 gallons, whichever is less.
This Emergency Rule amends Rule 5 and will increase the amount a heating oil dealer is allowed to charge from $5.00 to $20.00, when the consumer does not order the minimum amount. The purpose of this change is to reflect the dealers' increased delivery costs since 1980, when the $5 was adopted.
EFFECTIVE DATE: October 16, 2008
AGENCY CONTACT PERSON: James McKenna, Assistant Attorney General, Office of the Attorney General, Consumer Protection Division, 6 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 626-8842
E-MAIL: Jim.McKenna@Maine.gov