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May 6, 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 .



PROPOSALS


AGENCY:  03-201 – State Board of Corrections
RULE TITLE OR SUBJECT:  Ch. 2, Change of Use, Downsizing, or Closure of Correctional Facilities
PROPOSED RULE NUMBER: 2009-P101
CONCISE SUMMARY:  This rule outlines the process and standards for changing the use of, closing, or downsizing a state correctional facility or county jail, including criteria to be evaluated and stakeholders to be consulted, as required by 34-A MRSA, Section 1803, Sub-section 2.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  34-A MRSA §1803, subsection 2
PUBLIC HEARING:  May 26, 2009, at 1:00 pm, located in the Board of Corrections conference room, Marquardt Building, 3rd Floor, 32 Blossom Lane, Augusta, ME  04333-0111
DEADLINE FOR COMMENTS:  June 5, 2009
AGENCY CONTACT PERSON FOR THIS FILING/AGENCY RULE-MAKING LIAISON:  Esther Riley, Maine Department of Corrections, 111 State House Station, Augusta, ME  04333-0111
TELEPHONE:  (207) 287-4681

E-MAIL: esther.riley@maine.gov

AGENCY:  13-188 – Department of Marine Resources
RULE TITLE OR SUBJECT:  Ch. 11, Scallops, Ch. 12, Mussels, Ch. 25, Lobster and Crab, Technical corrections and updates
PROPOSED RULE NUMBER: 2009-P102
CONCISE SUMMARY:  The citation to the Swans Island Conservation Area would be corrected in Chapters 11 and 25.  The buoy color referenced in Chapter 11.15(2) would be corrected from black to white.  The regulations would be updated in accordance with 12 MRSA §6746-A for compliance and consistency for the nighttime prohibition on mussel dragging.
STATUTORY AUTHORITY:  12 MRSA §6171
AGENCY CONTACT PERSON FOR THIS FILING/AGENCY RULE-MAKING LIAISON:  Laurice U. Churchill
TELEPHONE:  (207) 633-9584
E-MAIL: laurice.churchill@maine.gov
RULE TITLE OR SUBJECT:  Ch. 15.01(A)(11)(b), Repacker Definition (new); Ch. 15.21 (l), Shucked Shellfish Labeling (new); and Ch. 17.02 & 05, Shucker-Packer (add repacking)
PROPOSED RULE NUMBER: 2009-P103
CONCISE SUMMARY:  The proposed amendments would establish the regulations to allow certified shellfish dealers issued a certificate pursuant to 12MRSA §6856 to repack shucked shellfish.
STATUTORY AUTHORITY:  12 MRSA §6856
AGENCY CONTACT PERSON FOR THIS PROPOSAL:  Bruce Chamberlain
TELEPHONE:  (207) 557-3557
E-MAIL:  bruce.chamberlain@maine.gov
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARINGS:  *Tuesday, May 26, 2009, 6:00 pm, DMR Large Conference Room, 194 McKown Point Road, West Boothbay Harbor
*The public hearings for these two proposed rules will be held in numerical order starting with the rules proposed in Chapters 11, 12 & 25, followed by Chapters 15 & 17.  The second hearing will be held immediately upon the conclusion of the previous hearing.  See separate rulemaking notices.
HEARING FACILITIES:  If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS:  June 5, 2009
To ensure consideration, comments must include your name and the organization you represent, if any.  Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO:  Department of Marine Resources, Attn:  L. Churchill, PO Box 8, West Boothbay Harbor, Maine  04575-0008
WEB SITE:  http://www.maine.gov/dmr/rulmaking/
E-MAIL: laurice.churchill@maine.gov
FAX:  (207) 633-9579
TTY:  (207) 633-9500 (Deaf/Hard of Hearing)


AGENCY:  10-144 – Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT:  Ch. 332 248-P, Repeal of the $25 enrollment fee for some Caretaker Relatives and reduction of the Katie Becket Premiums for families enrolled in the program
PROPOSED RULE NUMBER: 2009-P104
CONCISE SUMMARY:  The Department is repealing the $25 enrollment fee that has been required for some Caretaker Relatives and is reducing the premium a family has to pay when enrolled in the Katie Beckett program.  The Department is doing this as required under the American Reinvestment and Recovery Act (ARRA) of 2009 in order to receive a temporary increase in the Federal Medical Assistance Percentage (FMAP) rate afforded to states under the (ARRA).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  Title I, American Recovery and Reinvestment Act of 2009, P.L. 111-5
PUBLIC HEARING:  None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS:  June 4, 2009
AGENCY CONTACT PERSON:  Bethany Hamm, Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, Maine  04333-0011
TELEPHONE:  (207) 287-4076
TTY:  800-606-0215 (Deaf/Hard of Hearing)
E-MAIL: bethany.hamm@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: marina.thibeau@maine.gov


AGENCY:  16-222 – Department of Public Safety, Bureau of State Police
RULE TITLE OR SUBJECT:  Ch. 20, Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection
PROPOSED RULE NUMBER: 2009-P105
CONCISE SUMMARY:  This rule will repeal and replace the existing Chapter 20:  Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection.  The rule will define the contents of the kit and will include instructions for administering the kit.  The new rule will clarify instructions and will ensure that the evidence collection steps are in compliance with the standard operating procedures currently employed by the Maine State Police Crime Laboratory.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
This rule repeals and replaces the current rule to update the instructions and evidence collection steps of the rule.  Maine State Police Crime Laboratory staff and the Sexual Assault Forensic Examiners Advisory Board were all consulted as to what evidence collection steps should be changed to better meet the needs of the patients, nurse examiners and laboratory.  Additionally, Sexual Assault Forensic Examiners across the state were consulted to determine what amendments were needed to the rule.
STATUTORY AUTHORITY:  25 MRSA §2915, sub-§1
PUBLIC HEARING:  None
DEADLINE FOR COMMENTS:  June 12, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON:  Christopher Parr, Department of Public Safety, Maine State Police, 42 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 624-7205
E-MAIL:  christopher.parr@maine.gov



ADOPTIONS


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-09
ADOPTED RULE NUMBER: 2009-172
CONCISE SUMMARY: Minimum May 2009 Class I price is $14.22/cwt. plus $1.52/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $5.58/cwt. handling fee for a total of $23.05cwt. 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: May 3, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521
E-MAIL: tim.drake@maine.gov