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Home > Weekly Newspaper Notices > January 14, 2009

January 14, 2009

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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS



AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act
PROPOSED RULE NUMBER: 2009-P0
CONCISE SUMMARY: By January 30, 2009, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include any comments on these recommended improvements in the report.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: January 26, 2009
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7650
FAX: (207) 287-6545
E-MAIL: Don.Wismer@Maine.gov



AGENCY: 17-229 - Maine Department of Transportation
RULE TITLE OR SUBJECT: Amendments to existing Ch. 210, Utility Accommodation Policy Rules
PROPOSED RULE NUMBER: 2009-P1
CONCISE SUMMARY: The existing rule sets standards for permitting and locating utility facilities within the corridors of all state and state-aid highways. These proposed amendments will:
* modify the definition of “Utility” to broaden it to include entities that are permitted by statute, but only recently have entered the field. These entities include wind farm electrical power generators, landfill gas electrical power generators and the University of Maine system, which recent legislation gave utility rights within highway right of ways;
* consider allowing utilities, which would provide significant benefit to the State of Maine, to locate longitudinally in the Interstate right of way. Current MaineDOT policy has not allowed such locations;
* remove all reference to the metric system;
* standardize reference to the Department of Transportation as “MaineDOT”;
* clarify the procedure for applying for exemptions to the Accommodation Policy, and
* make editorial changes to several sections to clarify their intent.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §2503(16) and 23 MRSA §52
PUBLIC HEARING: No public hearing is planned
DEADLINE FOR COMMENTS: Close of business Friday, February 13, 2009
WEB ADDRESS FOR PROPOSAL TEXT: http://www.maine.gov/mdot/utilities/laws.php
CONTACT PERSON FOR THIS FILING AND SMALL BUSINESS IMPACT INFORMATION, IF ANY: Brian Burne, Highway Maintenance Engineer, Maine Department of Transportation,16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 624- 3571
FAX: (207) 629-0424
E-MAIL FOR THIS FILING: Brian.Burne@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Theresa.Savoy@Maine.gov


ADOPTIONS



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 930, Solar and Wind Energy Rebate Program
ADOPTED RULE NUMBER: 2009-14
CONCISE SUMMARY: Ch. 930 governs the implementation of the State's solar energy rebate as well as the Commission's newly created wind energy rebate program. These amendments are adopted by the Commission pursuant to legislation enacted during the last legislative session.
EFFECTIVE DATE: January 10, 2009
AGENCY CONTACT PERSON AND RULE LIAISON: Paula J. Cyr, Public Utilities Commission, 242 State Street, State House Station, 18 Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: Paula.Cyr@Maine.gov



AGENCY: 94-089 - Maine Historic Preservation Commission
CHAPTER NUMBER AND TITLE: Ch. 813, Historic Rehabilitation Tax Credit
ADOPTED RULE NUMBER: 2009-15
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.
EFFECTIVE DATE: January 10, 2009
AGENCY CONTACT PERSON: 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 FOR THIS FILING: Mike.D.Johnson@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Kirk.Mohney@Maine.gov



AGENCY: 10-149 - Department of Health and Human Services, Office of Elder Services (OES)
CHAPTER NUMBER AND TITLE: Ch. 5, Office of Elder Services Policy Manual: Section 68 (Respite Care for People with Alzheimer’s or Related Disorders); and Section 69 (Office of Elder Services Independent Support Services, formerly Office of Elder Services Homemaker Program).
ADOPTED RULE NUMBER: 2009-16
CONCISE SUMMARY: These routine technical rule amendments are adopted to address transition issues for consumers moving between State-funded or MaineCare long term care programs and to change program names to better reflect the services provided. Section 68 adds definitions, clarifies certain program requirements, such as those related to eligibility and termination of services, including the removal of suspension as a reason for termination. Section 69 reduces the maximum cap from ten hours monthly to eight hours monthly of service for one consumer and provides a limitation on services that may be provided for two individuals living in the same household; clarifies issues related to eligibility, the waiting list and compliance requirements for consumers on the self-directed option; specifies eligibility for certain adults at risk of abuse, neglect or exploitation and limits those services to 15% of Section 69 funds; and identifies the responsibilities of the Independent Support Services Agency, including the authority to conduct reassessments for Section 69 services.
EFFECTIVE DATE: February 1, 2009
AGENCY CONTACT PERSON: Elizabeth Gattine, Office of Elder Services, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9200. Toll free: 1 (800) 262-2232
TTY: 1 (888) 720-1925
E-MAIL FOR THIS FILING: Elizabeth.Gattine@Maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov