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Home > Weekly Newspaper Notices > December 31, 2008

December 31, 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: 02-288 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Board for Licensure of Architects, Landscape Architects and Interior Designers
RULE TITLE OR SUBJECT: Repeal the existing rule chapters:
Ch. 1, Board Administration
Ch. 2, Rules for Architects, Landscape Architects and Interior Designers
in their entirety and replace with the following:
Ch. 10, Definitions
Ch. 11, Advisory Rulings
Ch. 12, Licensure of Architects
Ch. 13, Licensure of Landscape Architects
Ch. 14, Certification of Interior Designers
Ch. 15, Application for Licensure
Ch. 16, License Denials and Disciplinary Procedure
Ch. 17, Grounds for Disciplinary Action
Ch. 18, Documentation
Ch. 19, Incorporation by Reference
PROPOSED RULE NUMBER: 2008-P359 through P370
CONCISE SUMMARY: The proposed repeal and replacement: (a) removes obsolete provisions relating to the education and training required for licensure as an architect, landscape architect or interior designer; (b) removes unnecessary administrative provisions; (c) removes the board's authority to set licensing fees, in conformance with the governing statutes; and (d) does away with the requirement that the board interview applicants for licensure.
The new rules describe eligibility for licensure in the form of pathways to licensure. The pathways are sliding scales of education and experience that qualify an applicant to take the licensing examination. In general, the higher a candidate's level of educational achievement, the less experience is required for licensure and vice-versa. For architect and landscape architect candidates, the pathways to licensure focus on the kind and amount of work experience that can be recognized in lieu of a structured internship.
Unlike the current rules, the pathways for architects and landscape architects explicitly recognize that candidates with little or no higher education but correspondingly greater work experience may be eligible for examination.
The new rules provide a 30-day time period in which to appeal the board's denial of-an initial or renewal license, and expand the grounds on which disciplinary action may be taken against licensees. The new rules expressly permit technical submissions to be made in electronic form. The new rules require architects and landscape architects who integrate technical submissions prepared by others into their own work to retain for at least five years adequate and complete records demonstrating the nature and extent of the licensee's review of and integration of the predecessor work into the licensee's own technical submissions.
The new rules also require licensees to include the legend "Maine Licensed Architect', "Maine Licensed Landscape Architect" or "Maine Certified Interior Designer," as the case may be, on advertising, promotional materials, correspondence and business cards.
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 §9001(4); 32 MRSA §§ 214(1), 220(1)(B), 220(2)(B), 220-B(2) and (3)
PUBLIC HEARING: January 20, 2009, 10:00 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: February 19, 2009
AGENCY CONTACT PERSON: Carol J. Leighton, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520
PROPOSED RULE AVAILABLE ON LINE AT: www.maine.gov/professionallicensing
E-MAIL: Carol.J.Leighton@Maine.gov



AGENCY: 65-625 - Public Utilities Commission, Emergency Services Communications Bureau
RULE TITLE OR SUBJECT: Ch. 4, Collection and Payment of E9-1-1 Surcharge by Prepaid Wireless and Interconnected VoIP Providers
PROPOSED RULE NUMBER: 2008-P371
CONCISE SUMMARY: In this rulemaking proceeding, the Commission proposes a new Emergency Services Communications Bureau (ESCB) rule, Ch. 4, that implements new requirements contained in 25 MRSA §2927(1-B) and (1-C). The amendments to Section 2927(1-B) make clear that the E9-1-1 surcharge applies to prepaid wireless telephone service customers and interconnected voice over Internet protocol service customers as well as to other telephone customers previously listed in the statute.
THIS RULE WILL HAVE MINIMAL OR NO FISCAL IMPACT ON MUNICIPALITIES OR COUNTIES.
STATUTORY AUTHORITY: 25 MRSA §2927(1-B), (1-C), (2-B), (6) and (8)
PUBLIC HEARING: January 21, 2009, Public Utilities Commission Hearing Room, 242 State Street, Augusta, Maine 9:30 a.m.
COMMENT DEADLINE: Pre-hearing written comments may be filed no later than January 16, 2009. Comments may also be filed after the hearing, no later than February 6, 2009.
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333-0018
TELEPHONE: (201) 287-3831
E-MAIL: Paula.Cyr@Maine.gov



AGENCY: 01-026 – Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT:
Amendment to Ch. 24, Pesticides Storage Facility Standards/Pesticide Distributors
Amendment to Ch. 28, Notification Provisions for Outdoor Pesticide Applications
Amendment to Ch. 41, Special Restrictions on Pesticide Use
PROPOSED RULE NUMBER: 2008-P372 through P374
CONCISE SUMMARY: The Board is proposing to amend three rules by making the following changes: (1) to amend Ch. 24 to incorporate the federal pesticide management and disposal rule, 40 CFR, Part 165, by reference; (2) to amend Ch. 28 to create an aerial pesticide application notification registry; and (3) to amend Ch. 41, Section 5, to create a mechanism to regulate Bt sweet corn to prevent pollen drift to other non-Bt-corn crops and to allow sales of Bt sweet corn seed only in quantities large enough to plant one acre or more.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8051 et seq., 7 MRSA §§ 601-625 and 22 MRSA §§ 1471-A-X.
PUBLIC HEARING: Friday, January 23, 2009, at 9:30 a.m., at the Hampton Inn, 425 Kennedy Memorial Drive, Waterville, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Friday, February 6, 2009
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 624-5035
URL: http://www.maine.gov/agriculture/pesticides/laws/rulemaking.htm
E-MAIL: Henry.Jennings@Maine.gov



AGENCY: 26-239 – Office of the Attorney General
RULE TITLE OR SUBJECT: Ch. 100, Trade Practices in the Sale of Residential Heating Oil
PROPOSED RULE NUMBER: 2008-P375
CONCISE SUMMARY: The Attorney General is promulgating a 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, set forth a Minimum Delivery Requirement for dealers selling residential heating oil during the winter months (October 15 through April 30 of each year). Rule 5 required dealers to make scheduled deliveries of at least 20 gallons, with only a $5 penalty if the customer did not order at least 50% of the consumer's tank storage or 100 gallons, whichever is less. On October 14, 2008 the Attorney General promulgated an emergency rule to increase this small delivery fee from $5 to $20, to reflect the dealers' increased delivery costs since 1980. This proposed Rule permanently changes from $5 to $20 the fee that dealers can charge for small scheduled deliveries when the consumer does not order the minimum amount.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §207(2)
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: January 30, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: James McKenna, Assistant Attorney General, Office of the Attorney General, Consumer Protection Division, 6 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 626-8842
FAX: (207) 626-8812
E-MAIL: Jim.McKenna@Maine.gov


ADOPTIONS



AGENCY: 10-146 - Department of Health and Human Services, Office of Data, Research, and Vital Statistics
CHAPTER NUMBER AND TITLE: Ch. 12, Adult Adoptee Access to Original Birth Record
ADOPTED RULE NUMBER: 2008-586
CONCISE SUMMARY: These rules incorporate definitions, clarification on procedures for obtaining a copy of a sealed original birth record to adult adoptees or their descendants; the information the forms contain; and clarification on fees and waiting periods for these processes. This rule-making will not have any adverse effect on small business.
EFFECTIVE DATE: January 1, 2009
AGENCY CONTACT PERSON: Elana Jellison
AGENCY NAME: Department of Health and Human Services, Maine CDC, ODRVS, 244 Water Street, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-1911
E-MAIL: Elana.Jellison@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. #332, MaineCare Approved Rule, Rev.# 245R A: $25 Enrollment Fee
ADOPTED RULE NUMBER: 2008-587
CONCISE SUMMARY: The Department is assessing an annual enrollment fee of $25 per adult individual for participation in the MaineCare program for an eligible parent or caretaker relative of a child when the family’s income exceeds 150% of the Federal Poverty Level. This rule is not expected to have an adverse impact on small businesses.
The Department originally proposed this rule as an enrollment fee for each family. Further analysis revealed that the Legislature’s mandate of cost savings and their language in the Supplemental Budget Bill, 2007 P.L. Chapter 539, Section A-29, anticipated that the enrollment fee would be required of each parent or caretaker relative in a family. Consequently, the Department terminated the first rule-making process regarding policy #245, revised the policy to reflect legislative intent and reinitiated the rule-making process resulting in the adoption of the current policy.
EFFECTIVE DATE: January 1, 2009
AGENCY CONTACT PERSON: Bethany Hamm, MaineCare 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) 287-5083
TTY: (800) 606-0215
E-MAIL: Bethany.Hamm@Maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-09
ADOPTED RULE NUMBER: 2008-588
CONCISE SUMMARY: Minimum January 2009 Class I price is $18.99/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $23.47cwt. that includes a $0.20/cwt. Federal promotion fee. Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: January 4, 2009
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521
E-MAIL ADDRESS: Tim.Drake@Maine.gov



AGENCY: 99-346 - Maine State Housing Authority
CH. NUMBER AND TITLE: Ch. 24, Home Energy Assistance Program Rule
ADOPTED RULE NUMBER: 2008-589
CONCISE SUMMARY: The purpose of the amendment to the Home Energy Assistance Program Rule is to (i) increase income eligibility to 230% of the poverty level for the state for households with members who are elderly, under two years old, or susceptible to hypothermia, (ii) increase income eligibility to 200% of the poverty level for the state for all other households, (iii) target more funds to the neediest households, (iv) change the maximum Emergency Crisis Intervention Program benefit for energy related emergencies from $200 to an amount to be determined annually based on economic conditions and available funding, and (v) make minor technical changes. The amendment also provides that if Maine does not receive sufficient funds in a given year to purchase at least 100 gallons of fuel for recipients whose incomes are within 170% of the poverty level for the State of Maine, then income eligibility for that year will be capped at 200% of the poverty level for the State of Maine.
EFFECTIVE DATE: December 29, 2008
AGENCY CONTACT PERSON: Linda Uhl, Chief Counsel, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603
WEBSITE: http://www.mainehousing.org/ABOUTRules.aspx
E-MAIL: luhl@mainehousing.org