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Home > Weekly Newspaper Notices > November 26, 2008

November 26, 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: 01-001 - Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance and Regulations
RULE TITLE OR SUBJECT: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
PROPOSED RULE NUMBER: 2008-P337
CONCISE SUMMARY: The changes to Ch. 346 are necessary to avoid threats to the public health of Maine consumers, and to maintain Equal-To status with USDA, Food Safety Inspection Service (FSIS). These changes incorporate the 2009 version of 9CFR that serve to guard against the contamination of ready-to-eat product with Listeria monocytogenes, ensure the surveillance of Salmonella sp. in raw and ready-to-eat products, ensure the surveillance and recall of products contaminated with E.coli O157:H7, ensure the removal of the Specific Risk Materials (SRMs) of Bovine Spongiform Encephalopathy (BSE), and implement the rules of practice necessary to suspend and/or withdraw operations at inspected establishments that experience significant sanitation and product contamination violations.
Also additions were made to Ch. 346, Section 1, Subsection 11, paragraph A, section 1:
9CFR 442 Quantity of Contents Labeling and Procedures and Requirements for Accurate Weights
9CFR 439 Accreditation of Non-Federal Chemistry Laboratories
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §2513
PUBLIC HEARING): December 16, 2008, 10:00 a.m., Department of Agriculture, Deering Bldg, Room 319, 90 Blossom Lane, Augusta Maine 04330
DEADLINE FOR COMMENTS: December 26, 2008
AGENCY CONTACT PERSON: Hal Prince, Director, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841
E-MAIL: Hal.Prince@Maine.gov



AGENCY: 05-071 - Department of Education and State Board of Education
RULE TITLE OR SUBJECT: Ch. 115, Certification, Authorization, and Approval of Education Personnel, Part I and Part II (major substantive)
PROPOSED RULE NUMBER: 2008-P338
CONCISE SUMMARY: Proposed amendments to Ch. 115, Part I and II include:
Ch. 115 Part I
Section 1.3: revised the effective date of the rules
Sections 3.2.B.4 & 3.4.C: revised language to clarify intent of the use of criminal history record check approval means for issuance and also for those who commit crimes while being certificated, authorized or approved.
Section 3.3 E has been moved to Section 3.5: revised to reflect the notification process when an error has occurred
Section 3.4.A.3: added language for the approval renewal date
Section 4.1 A: revised to include documentation of possibly an ethics course or other evidence of good moral character
Section 4.1.D.2: add ‘under a conditional certificate’ to school nurse
Section 4.4.D: new section to prevent repetitive coursework
Section 5.2.B.7.(c) & 5.2.D.3: revised RN license language to include a regional RN license that allows a nurse to practice in Maine as well as the Maine RN license
Section 5.3.B: revised language to match Ch. 118 and re-number sections
Section 14.1.C: include language for people that refuse to cooperate in a possible disciplinary matter.
Section 14.1.D: clarify gross incompetence
Ch. 115 Part II
Section 1.15: revised school nurse RN license language to include a regional RN license that allows a nurse to practice in Maine as well as the Maine RN license
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA §13011(1)
PUBLIC HEARING): December 15, 2008, 9:00a.m. – 10:00a.m., Room 103, Cross Office Building, 111 Sewall Street, Augusta, Maine
The public hearing will also be available via ATM at the following locations:
Gorham High School ATM Studio
Bangor Public Library ATM Studio
Presque Isle High School ATM Studio
DEADLINE FOR COMMENTS: December 26, 2008
AGENCY CONTACT PERSON: Joanne C. Holmes, Federal Liaison, Department of Education, 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: (207) 624-6669
E-MAIL: Jaci.Holmes@Maine.gov



AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 745, Individual Health Insurance Pilot Projects for Persons Under 30 Years of Age
PROPOSED RULE NUMBER: 2008-P339
CONCISE SUMMARY: This rule is required by 24-A MRSA §2736-C(1 0), as enacted by 2008 Public Law 629, Part I. The purpose of this Rule is to establish procedures and policies pursuant to 24-A MRSA §2736(C)(10) for submitting a pilot project proposal to provide health insurance coverage to persons under 30 years of age, to establish minimum requirements for approval of a pilot project, and to establish requirements for minimum benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Sec. ai-1.24-A MRSA §2736-C, sub-§10
PUBLIC HEARING: Wednesday, December 17, 2008, 1:00 p.m., Kennebec Room, Department of Professional and Financial Regulation, 124 Northern Avenue, Gardiner, ME
DEADLINE FOR COMMENTS: December 27, 2008
AGENCY CONTACT PERSON: Tracy Cunningham, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8436
E-MAIL: Tracy.A.Cunningham@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(1)(A)(2), Shrimp Season, 2008– 2009
PROPOSED RULE NUMBER: 2008-P340
CONCISE SUMMARY: These proposed regulations would adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2008– 2009 shrimp season. The proposed season would take place from December 1, 2008 through May 29, 2009. The season for the harvest of shrimp by trawl and by trap would be the same dates.
AGENCY CONTACT PERSON: Laurice Churchill (207-633-9584)
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARING: None scheduled; one may be requested
RULE TITLE OR SUBJECT: Ch. 75.02(A), Trap/Pot Fisheries Gear Restrictions
PROPOSED RULE NUMBER: 2008-P341
CONCISE SUMMARY: These proposed rules would delete the ‘‘neutrally buoyant line’’ term from the regulations, so that only the ‘‘sinking line’’ term would remain; and add the “sinking line” definition to the Sliver Area and Federal waters sections for trap/pot fisheries. These rules would require that ground lines must be composed entirely of sinking line in the Sliver Area and Federal waters for trap/pot fisheries. This rulemaking would provide for consistency and compliance with the federal requirements in the NOAA Fisheries Service Atlantic Large Whale Take Reduction Plan (ALWTRP) Final Rule in accordance with the Marine Mammal Protection Act and would become effective April 5, 2009.
AGENCY CONTACT PERSON: Sarah Cotnoir (207-624-6596)
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARING: December 15, 2008, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor.
HEARING FACILITIES: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: December 26, 2008. To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO: DMR, attn: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing
E-MAIL: Laurice.Churchill@Maine.gov



AGENCY: 10-144 - Maine Department of Health & Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Subsurface Wastewater Program
RULE TITLE OR SUBJECT: Ch. 241, Subsurface Wastewater Disposal Rules
PROPOSED RULE NUMBER: 2008-P342
CONCISE SUMMARY: As part of the consensus-based rulemaking process, the Subsurface Wastewater Program solicited proposed changes from an outside task force made up of site evaluators, state regulatory officials, local plumbing inspectors, system installers, system inspectors, septic pumpers, equipment suppliers and equipment manufacturers. These suggestions as well as those recommended by the Department are proposed as modifications to the current rules. The majority of changes are intended to simplify the application and enforcement of the rules, improve readability, and clarify intent.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42(1),(3),(3-A), & (3-B)
PUBLIC HEARING: December 17, 2008 @ Augusta Elks Club, Civic Center Drive, Augusta; 9:00 a.m..
DEADLINE FOR COMMENTS: December 31, 2008, 5:00 p.m.
AGENCY CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Maine Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680
TTY: (207) 287-5550
E-MAIL: Tera.Pare@Maine.gov


ADOPTIONS



AGENCY: 94-348 - Maine Human Rights Commission
CHAPTER NUMBER AND TITLE:
Ch. 7, Accessibility Regulations of the Maine Human Rights Commission
Ch. 8, Housing Regulations of the Maine Human Rights Commission
ADOPTED RULE NUMBER: 2008-536 and 537
CONCISE SUMMARY: The amendments conform the Commission’s rules to the changes to the Maine Human Rights Act created by Public Law, Ch. 664, 123rd Maine State Legislature. The new statutory provisions, which became effective July 17, 2008, add a definition of “service animal” to the Act and address the rights of people with disabilities to use service animals in housing and places of public accommodation. The adopted rule incorporates these changes into the Commission’s housing and public accommodations regulations.
EFFECTIVE DATE: November 19, 2008
AGENCY CONTACT PERSON: John P. Gause, Commission Counsel, Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050
E-MAIL: John.P.Gause@Maine.gov



AGENCY: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 340, Mortality Tables for Use in Determining Minimum Reserves and Nonforfeiture Benefits
ADOPTED RULE NUMBER: 2008-538
CONCISE SUMMARY: Rule 340 was originally adopted in 1978 to specify acceptable mortality tables for use in determining minimum reserves and nonforfeiture benefits for life insurance. The purpose of the current amendment is to establish for preneed insurance products minimum mortality standards for reserves and nonforfeiture values, and to require the use of the 1980 Commissioners Standard Ordinary (CSO) Life Valuation Mortality Table for use in determining the minimum standard of valuation of reserves and the minimum standard nonforfeiture values for preneed insurance products. The amendment also makes minor technical corrections to existing portions of the Rule.
EFFECTIVE DATE: January 1, 2009
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624- 8452
E-MAIL: Vanessa.J.Leon@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(1)(A)(2), Shrimp Season, 2008 – 2009 (Emergency)
ADOPTED RULE NUMBER: 2008-539
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 2008 – 2009 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan set November 7, 2008. The season shall take place from December 1, 2008 through May 29, 2009. The season for the harvest of shrimp by trawl and by trap shall be the same dates. A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: November 26, 2008
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
E-MAIL: Laurice.Churchill@Maine.gov



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 36, Maine Farms for the Future Program
ADOPTED RULE NUMBER: 2008-540
CONCISE SUMMARY: This rule amendment adopts a number of changes to the program to align the program with recent changes in the Law, and to improve the administration and criteria for selection of participants to the program.
EFFECTIVE DATE: November 23, 2008
AGENCY CONTACT PERSON: Jane Aiudi, Director, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9072
E-MAIL: Jane.Aiudi@Maine.gov



AGENCY: 05-071 – Department of Education
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations for Teachers, Education Specialists and Administrators
ADOPTED RULE NUMBER: 2008-541
CONCISE SUMMARY: The revisions are these:
Deletion of the transitional 282 Teacher of the Disabled Child B-5 with the Praxis 0353 exam as it is sunsetted.
Addition of a Praxis score for the 292 Deaf/Hearing Impaired.
Addition of a second endorsement for Family and Consumer Science with the new Praxis qualifying score.
Deletion of Section 3.4 on Qualifying Scores not set, as all scores have now been set, and renumbering of all the subsequent sections as a result of the deletion.
EFFECTIVE DATE: November 23, 2008
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station #23, Augusta, ME 04333
TELEPHONE: (207) 624-6620
E-MAIL: Jaci.Holmes@Maine.gov



AGENCY: 05-071 - State Board of Education and the Maine Department of Education
CHAPTER NUMBER AND TITLE: Ch. 149, Procedures for Obtaining Authorization for Institutions of Higher Education to Confer Academic Degrees or to Offer Degree Courses/Programs in the State of Maine
ADOPTED RULE NUMBER: 2008-542
CONCISE SUMMARY: This rule became effective July 6, 1980; was amended in 1981, 1984, 1988 and 1992; and underwent non-substantive corrections for typos and formatting in 2000. This rule serves to guide both in-state and out-of-state applicant postsecondary institutions as they prepare to seek State Board of Education authorization to operate in Maine. It also serves to inform State Board appointed review teams that are selected to evaluate such applications. Since the rule was last amended it is apparent that some critical clarification of detail is necessary. The lack of specificity concerning “physical ,presence"; the details for response concerning “library and learning resources"; and the depth of detail to be addressed by an applicant when responding to "financial resources" has made it difficult for review teams when compiling a report of findings for submission to the Board and for the Board when considering action to be taken on requests for degree-granting authorizations.
The State Board of Education proposes to amend Ch. 149 to enhance the rule's clarity, by adding a definition for "physical presence"; by transferring existing language regarding the format for and the depth of topics to be addressed in an application for authorization from Rule 05-071 CMR 170 to Rule 05-071 CMR 149; and by adding three appendices to provide guidance concerning: the meaning and examples of "general education courses"; the topical areas to be addressed under "library and learning resources”; and the specifics to cover when responding to "financial resources" for both initial degree granting applicants and for applications from existing degree-granting institutions.
FFECTIVE DATE: November 23, 2008
AGENCY CONTACT PERSON: Harry W. Osgood, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6846
E-MAIL: Harry.Osgood@Maine.gov



AGENCY: 05-071 - State Board of Education and the Maine Department of Education
CHAPTER NUMBER AND TITLE: Ch. 170, Standards for Evaluating Requests for Degree Authorization and for Out-of-State Postsecondary Institutions Seeking to Make Academic Credit Course Offerings in Maine
ADOPTED RULE NUMBER: 2008-543
CONCISE SUMMARY: Ch. 170 became effective October 1, 1986; was amended July 25, 19-94; and was converted to electronic format May 19, 1996. This rule establishes the standards to be met when requests are received for degree-granting authorization and for requests from out-of-state post-secondary institutions seeking to make academic credit course offerings in Maine. The rule also serves to inform. State Board appointed review teams that are selected to evaluate such applications. Since the rule was last amended it has become apparent that some important clarifications are necessary. The lack of specificity concerning "physical presence"; the details for response concerning “library and learning resources"; and the depth of detail to be addressed by an applicant when responding to "financial resources" has made it difficult for review teams when compiling a report of findings for submission to the Board and for the Board when considering action to be taken on requests for degree-granting authorizations.
The State Board of Education proposes to amend Ch. 170 to enhance the ru1e's clarity by transferring and aligning language meant to serve as guidance regarding the format for and the depth of topics to be addressed in an application for degree-granting authorization from Rule 05-071, CMR 170 to Rule 05-071 CMR 149 and by retaining and expanding upon language that clarifies how each of the standards are to be set.
EFFECTIVE DATE: November 23, 2008
AGENCY CONTACT PERSON: Harry W. Osgood, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6846
E-MAIL: Harry.Osgood@Maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 101, Calculation of Interest
ADOPTED RULE NUMBER: 2008-544
CONCISE SUMMARY: The rule has been amended to reflect the continuation of the current rate of interest charged on overdue taxes (and paid on refunds of taxes in certain cases) through the end of calendar year 2008. The interest rate is set annually by the State Tax Assessor in accordance with 36 MRSA §186.
EFFECTIVE DATE: November 25, 2008
AGENCY CONTACT PERSON: David E. Bauer, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681
E-MAIL: David.E. Bauer@Maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 318, Instrumentalities of Interstate or Foreign Commerce
ADOPTED RULE NUMBER: 2008-545
CONCISE SUMMARY: This rule has been in place since 1980 and explains the application of the exemption from Maine sales or use tax provided in 36 MRSA §1760, sub-§41 for a vehicle, railroad rolling stock, aircraft or watercraft placed in use by the purchaser as an instrumentality of interstate or foreign commerce within 30 days after purchase and used by the purchaser not less than 80% of the time for the next 2 years as an instrumentality of interstate commerce. The proposed amendment simply replaces an obsolete reference to the federal Interstate Commerce Commission with a current reference to the Federal Motor Carrier Safety Administration.
EFFECTIVE DATE: November 25, 2008
AGENCY CONTACT PERSON: John W. Sagaser, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536
E-MAIL: John.W.Sagaser@Maine.gov



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 886, Energy Infrastructure Corridors
ADOPTED RULE NUMBER: 2008-546
CONCISE SUMMARY: The Commission adopts this rule to comply with recently enacted legislation that directed 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.
EFFECTIVE DATE: November 25, 2008
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: Paula.Cyr@Maine.gov