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Home > Weekly Newspaper Notices > December 17, 2008

December 17, 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: 16-633 - Gambling Control Board
RULE TITLE OR SUBJECT: Ch. 8, Slot Machine Location and Hours of Operation
PROPOSED RULE NUMBER: 2008-P312 (2nd notice)
CONCISE SUMMARY: This extends the comment period on the rule proposal notice published November 5, 2008 re: Sunday Hours.
NEW DEADLINE FOR COMMENTS: January 7, 2008
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Robert P. Welch, Gambling Control Board, 45 Commerce Drive Suite #3, Augusta, Maine 04333-0087
TELEPHONE: (207) 626-3901
FAX: (207) 287-4356
E-MAIL: Robert.P.Welch@Maine.gov



AGENCY: 01-001 - Maine Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 2008-P348
CONCISE SUMMARY: The principal reason for this rule-making is to amend the cost of administering the Maine Milk Pool.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §3154(2)
PUBLIC HEARING: January 6, 2009, Tuesday, starting at 9:00 a.m., Room 227, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 20, 2009
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521
E-MAIL: Tim.Drake@Maine.gov



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 301, Consumer-owned Utilities Load Aggregation, Amendments to Standard Offer Rule
PROPOSED RULE NUMBER: 2008-P349
CONCISE SUMMARY: The Commission initiates this rulemaking proceeding to implement recently enacted legislation that allows for consumer-owned transmission and distribution utilities (COUs) to aggregate their load for the purpose of providing standard offer service to customers within their service territories. The Commission also proposes to amend the standard offer rule to clarify its authority with respect to the Commission's financial security provisions in light of the current financial and credit market circumstances.
THIS RULE WILL HAVE MINIMAL FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 1301, 1306, 3202(7) and 3212
PUBLIC HEARING: January 7, 2009 at 1:30 p.m. at the Maine Public Utilities Commission, 242 State Street, Augusta, Maine
COMMENT DEADLINE: January 19, 2009, however, the commission requests that comments be filed by January 5, 2009 to allow for follow-up inquiries during the hearing; supplemental comments may be filed until January 19, 2009. Written comments should refer to Docket No. 2008-463.
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: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10, Policy and Procedures Manual: Subsection 24.3, Religious Services, General Guidelines
PROPOSED RULE NUMBER: 2008-P350
CONCISE SUMMARY: Pursuant to the statute, 34-A MRSA §3048, this rule governs religious practices for prisoners within the Maine Department of Corrections.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA §3048
PUBLIC HEARING: January 7, 2009 from 10:00 a.m. to 11 :00 a.m. in the Maine Department of Corrections Conference Room in the Tyson Building (Third Floor) at the Augusta Mental Health Office Complex in Augusta, Maine
DEADLINE FOR COMMENTS: January 16, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Esther Riley, Department of Corrections, State House Station #111, Augusta, ME 04333
TELEPHONE: (207) 287-4681
FAX: (207) 287-4370
E-MAIL: Esther.Riley@Maine.gov



AGENCY: 07-105 - State Planning Office
RULE TITLE OR SUBJECT: Ch. 250, Methodology for Conducting a Scenic Inventory of Scenic Resources of State or National Significance Located in the State's Coastal Area
PROPOSED RULE NUMBER: 2008-P351
CONCISE SUMMARY: As required by Title 35-A MRS §3457, this rule establishes the methodology for identifying scenic viewpoints of state or national significance in coastal areas that are publicly owned or to which there is public access, for purposes of state wind power laws. State wind power laws require consideration of the potential effect of a large-scale wind power project on "scenic resources of state or national significance", including scenic viewpoints that are identified as having statewide or national significance in a scenic inventory developed in accordance with this technical rule. The rule incorporates the State Planning Office's Scenic Assessment Handbook (SPO, 2008) as its methodology. This technical rule itself does not identify scenic viewpoints, but the method for doing so, which calls for public involvement in the preparation and review of a scenic inventory.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 35-A MRSA §3457(2)
PUBLIC HEARING: n/a
DEADLINE FOR COMMENTS: Written comments on the proposed rule may be submitted to Lorraine Lessard, State Planning Office, 38 State House Station, Augusta, ME 04333, by 5 p.m., January 26, 2009.
AGENCY CONTACT PERSON: Todd Burrowes, State Planning Office, 38 State House Station, Augusta, ME 04330
TELEPHONE: (207) 287-1496
E-MAIL: Todd.Burrowes@Maine.gov



AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
PROPOSED RULE NUMBER: 2008-P352
CONCISE SUMMARY: This rule change allows Maine hospitals another option in filing outpatient data with the MHDO for services provided at clinics in a different municipality. This change also includes a "Present on Admission Indicator" data element to the "Principal Diagnosis" and "External Cause of Injury" code for reporting of hospital inpatient data. Other minor technical changes are being made to conform with the National Uniform Billing Committee definitions. This rule will not have a fiscal impact on municipalities.
STATUTORY AUTHORITY: 22 MRSA §§ 8704(4) and 8708(1)(B)
RULE TITLE OR SUBJECT: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
PROPOSED RULE NUMBER: 2008-P353
CONCISE SUMMARY: This proposed rule will require health care claims processors to submit additional data elements, including encrypted names of subscribers and members, and billing provider information. It also requires health claims processors to submit an insured group or policy number look-up table when submitting member eligibility files and to update the table annually. This change will also correct errors in the technical appendices.
STATUTORY AUTHORITY: 22 MRSA §8704, sub-§4 and §8708, sub-§6-A
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: January 8, 2009, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, Maine 04333-0102
Copies of these proposed rules can be reviewed and printed from the MHDO website at www.maine.gov/mhdo/proposedrulechanges.aspx or, to receive a paper copy call (207) 287-6722.
DEADLINE FOR COMMENTS: January 20, 2009
AGENCY CONTACT PERSON: Debbie 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: 07-105 - Maine State Planning Office
RULE TITLE OR SUBJECT: Ch. (New), Requirements for the State Planning Office to Accept Public Comment before amending a Solid Waste Disposal Facility Operating Agreement
PROPOSED RULE NUMBER: 2008-P354
CONCISE SUMMARY: This rule would require the State Planning Office to accept public comments when certain changes are proposed to an operating services agreement between the office and its contracted operator of a state-owned solid waste disposal facility. The rule lays out the requirements for a public hearing. The rule is initiated at the direction of a citizen’s petition. A copy of the proposed rule is available on-line at http://www.maine.gov/spo/rightcolumn/sporules.htm or by calling the Office at (207) 287-8934.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §3305-A (3)
PUBLIC HEARING: January 9, 2009, at 1:00 p.m. at University of Maine, Jewett Hall Auditorium, University Drive, Augusta, ME. The meeting room is accessible to persons with physical disabilities. Any interested party requiring special arrangements to attend the hearing must contact Rhonda Carl at (207) 287-8934 before December 31, 2008.
DEADLINE FOR COMMENTS: Comments should be submitted in writing (no email) by 4:00 p.m. on January 20, 2009 to Rhonda Carl, c/o Maine State Planning Office, 38 State House Station, Augusta ME 04333
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:
CONTACT PERSON’S NAME: Jody Harris, Maine State Planning Office, 38 State House Station, Augusta, Maine 04333-0038
TELEPHONE: (207) 287.5424
FAX: (207) 287.8059
E-MAIL: Jody.Harris@Maine.gov


ADOPTIONS



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 102, Electronic Funds Transfer
ADOPTED RULE NUMBER: 2008-575
CONCISE SUMMARY: Rule 102 provides comprehensive definitions and explanations of statutory terms and procedures for filing making electronic payments. Particularly, the proposed Rule brings definitions up-to-date, clarifies the applicable lookback period for mandatory participation, streamlines language related to voluntary participation and restates sections on the ACH debit method, other payment methods, prenotification transactions and reasonable cause. In addition, the proposed Rule eliminates unnecessary citations and makes other minor editing changes.
CHAPTER NUMBER AND TITLE: Ch. 104, Electronic Filing of Maine Tax Returns
ADOPTED RULE NUMBER: 2008-576
CONCISE SUMMARY: Rule 104 provides comprehensive definitions and explanations of statutory terms and procedures for electronic filing of Maine tax returns. Particularly, the proposed Rule modifies the filing requirements for sales, use and service provider tax return filers beginning in 2009. The Rule also modifies the filing requirements for returns filed for withholding, competitive skills scholarship fund and unemployment compensation insurance beginning in 2009.
EFFECTIVE DATE: December 16, 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