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Home > Weekly Newspaper Notices > June 3, 2009

June 3, 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:  13-188 – Department of Marine Resources
RULE TITLE OR SUBJECT:  Ch. 25.45, Dragged Crab as Bycatch
PROPOSED RULE NUMBER: 2009-P127
CONCISE SUMMARY:  In accordance with 12 MRSA §6421, sub§4(B), effective May 4, 2009 commercial fishing license holders are allowed to take crab bycatch from otter trawls, taken from the exclusive economic zone, and without holding a lobster and crab license.  These proposed regulations would require commercial fishing license holders to obtain a no cost license endorsement for crabs taken by drag and the catch would be limited to 200 lbs of crabs per day, not to exceed 500 lbs per trip.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  12 MRSA §6171 & §6421, sub§4(B)
PUBLIC HEARING:  June 22, 2009, 6:00 pm, DMR Large Conference Room, 194 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: July 2, 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.
AGENCY CONTACT PERSON/RULE-MAKING LIAISON:  Laurice Churchill
MAIL WRITTEN COMMENTS TO:  Department of Marine Resources, attn:  L. Churchill, PO Box 8, West Boothbay Harbor, ME  04575-0008
WEB SITE:  http://www.maine.gov/dmr/rulemaking/
TELEPHONE:  (207) 633-9584; FAX:  (207) 633-9579; TTY:  (207) 633-9500 (Deaf/Hard of Hearing)
HEARING FACILITIES:  If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578
E-MAIL:  laurice.churchill@maine.gov


AGENCY:  02-039 – Department of Professional and Financial Regulation, Office of Licensing and Registration, Real Estate Commission
RULE TITLE OR SUBJECT:  Ch. 400, Agency/Designated Broker Responsibilities; Ch. 410, Minimum Standards of Practice
PROPOSED RULE NUMBER: 2009-P128
CONCISE SUMMARY:  This is a request for additional written comment on substantial changes to the proposed rules.
The proposed rules would have:  (1) required the designated broker to establish policies relating to the registration of internet domain names and the creation of web sites in the name of a real estate brokerage agency, (2) regulated the circumstances in which a real estate brokerage agency may pay brokerage compensation to an affiliated licensee’s legal business entity, (3) established an advertising format for real estate brokerage advertisements, and (4) prohibited an affiliated licensee from registering an internet domain name or creating a web site in the name of the real estate brokerage agency without the knowledge and consent of the designated broker.
Upon consideration of the testimony and comments received on the proposed rules, the Commission instead proposes to:  (1) require the designated broker to establish policies relating to the registration of internet domain names and the creation of web sites in the name of a real estate brokerage agency (no change from the proposed rules); (2) not adopt provisions of the proposed rules relating to circumstances in which a real estate brokerage agency may pay brokerage compensation to an affiliated licensee’s legal business entity; (3) require that the real estate brokerage agency’s trade name be prominently displayed or presented in advertisements, and (4) prohibit an affiliated licensee from registering an internet domain name or creating a web site in the name of the real estate brokerage agency without the consent of the designated broker (re-written but substantively unchanged from the proposed rules).
The Commission requests written comment on these changes to the proposed rules.  The text of these changes and an explanation of the reasons for the changes are available on OLR’s web site and may be obtained from the agency contact person.
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:  32 MRSA §13065 and 13279
PUBLIC HEARING:  None
DEADLINE FOR COMMENTS: July 7, 2009
AGENCY CONTACT PERSON:  Carol Leighton, Director, Real Estate Commission, Office of Licensing and Registration, 35 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 624-8420
E-MAIL:  carol.j.leighton@maine.gov
PROPOSED RULE AVAILABLE ON LINE AT:  www.maine.gov/professionallicensing
EMAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: jeffrey.m.frankel@maine.gov


AGENCY:  01-015 – Maine Milk Commission
RULE TITLE OR SUBJECT:  Ch. 3, Schedule of Minimum Prices Order #07-09
PROPOSED RULE NUMBER: 2009-P129
CONCISE SUMMARY:  The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA Section 2954.
SEE INFORMATION AT OUR WEBSITE:  http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING:  June 19, 2009, Friday starting at 1:30 pm, Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, ME
DEADLINE FOR COMMENTS: June 19, 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


AGENCY:  99-420 – Maine Turnpike Authority
RULE TITLE OR SUBJECT:  A Rule to Amend the Current Rule Regarding Parking on Maine Turnpike Authority Property
PROPOSED RULE NUMBER: 2009-P130
CONCISE SUMMARY:  This regulation amends the existing rule for parking on property of the Maine Turnpike Authority, including the Turnpike itself, park and ride lots and concession areas.  This rule describes the parameters for towing of vehicles from MTA property and for the issuance of parking citations by MTA personnel.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  23 MRSA 1965(1)(C), 1980(3)
PUBLIC HEARING:  June 25, 2009, 9:00 am, Maine Turnpike Authority Headquarters, 2360 Congress Street, Portland, Maine  04102
DEADLINE FOR COMMENTS: July 5, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Jonathan Arey, Maine Turnpike Authority, 430 Riverside Street, Portland, Maine  04103
TELEPHONE:  (207) 871-7771, x136; FAX:  (207) 871-7739
E-MAIL:  jarey@maineturnpike.com


AGENCY:  10-144 – Maine Department of Health & Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program
RULE TITLE OR SUBJECT:  Maine Rules Relating to Radiation Protection (10-144 CMR 220)
PROPOSED RULE NUMBER: 2009-P131
CONCISE SUMMARY:  The proposed revision to the Maine Rules Relating to Radiation Protection assures consistency with the Federal Nuclear Regulatory Commission’s Rules and other Agreement States.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 674 (4) (D), 677 (1), 679, 679-A (1) & (2)(A), 680 (2), and 682 (3)
PUBLIC HEARING:  June 24, 2009, at Maine CDC, Key Bank Plaza, 286 Water Street, Augusta, Maine 9:00 am to 12:00 noon  
DEADLINE FOR COMMENTS: July 6, 2009
AGENCY CONTACT PERSON/RULE-MAKING LIAISON:  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:  26-239 - Office of the Attorney General
CHAPTER NUMBER AND TITLE:  Ch. 100, Trade Practices in the Sale of Residential Heating Oil
ADOPTED RULE NUMBER:  2009-202
CONCISE SUMMARY:  By increasing from $5 to $20 the extra amount a dealer may charge a consumer for making a small heating oil delivery, this amendment will help dealers recover delivery expenses.
EFFECTIVE DATE:  May 27, 2009
AGENCY CONTACT PERSON/OVERALL AGENCY RULE-MAKING LIAISON:  James A. McKenna, Maine Attorney General, 6 State House Station, Augusta, Maine 04333
TELEPHONE:  (207) 626-8842
EMAIL:  jim.mckenna@maine.gov
EMAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: linda.pistner@maine.gov


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #06-09
ADOPTED RULE NUMBER: 2009-203
CONCISE SUMMARY: Minimum June 2009 Class I price is $13.33/cwt. plus $1.52/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $6.98/cwt. handling fee for a total of $23.56/cwt. 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 31, 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


AGENCY: 10-144 – Department of Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, #165A – Update to Afghani Special Immigrant Status, Corrections, Clarifications and Updates
ADOPTED RULE NUMBER: 2009-204
CONCISE SUMMARY: In addition to updating the expiration date of Afghani Special Immigrant (ASI) status, this rule:
1.  Updates the time limit for ASI status from six months to eight months,
2.  Corrects reference to Redeterminations section in Application Processing section,
3.  Updates benefit Budget Worksheet concerning dependent care deduction cap,
4.  Clarifies policy concerning proration of benefits when recertification form is submitted late,
5.  Clarifies when Advance Notice of Adverse Action is not needed for voluntary withdrawal,
6.  Clarifies when Advance Notice of Adverse Action is not needed for returned mail, and
7.  Updates program name, Department name, and Office name on affected pages.
This Rule is not expected to fiscally impact municipal or county budgets and will not impose new burdens on small businesses.
EFFECTIVE DATE: June 1, 2009
AGENCY CONTACT PERSON: Robert L. Thibodeau, Program Manager, Food Supplement Program, 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) 287-5054; TTY: (800) 606-0215
E-MAIL: bob.thibodeau@maine.gov
EMAIL FOR OVERALL RULE-MAKING LIAISON:  marina.thibeau@maine.gov


AGENCY:  01-001 – Department of Agriculture, Food, & Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 346, Rules Governing Meat and Poultry Inspection and Licensing
ADOPTED RULE NUMBER:  2009-205 
CONCISE SUMMARY:  The changes to Chapter 346 are necessary to avoid an immediate threat to the public health, safety and welfare of Maine consumers. These changes incorporate the 2009 version of the federal regulations 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:H,  ensure the prohibition of all non-ambulatory bovine animals for use as human food as a safeguard against Bovine Spongiform Encephalopathy (BSE),  ensure the removal of the Specific Risk Materials (SRMs) of Bovine Spongiform Encephalopathy (BSE), ensure that diseased or adulterated carcasses do not enter the human food chain, and implement the rules of practice necessary to immediately suspend and/or withdraw operations at inspected establishments that experience significant sanitation and product contamination violations.  In addition to these immediate threats to public health, maintaining “at least equal to” status is a requirement for the continued Cooperative Agreement between the USDA, Food Safety Inspection Service and the Maine Meat and Poultry Inspection Program.
EFFECTIVE DATE:  June 1, 2009
AGENCY CONTACT PERSON: Hal Prince, Director, Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine 04333
TELEPHONE:  (207) 287-3841
E-MAIL: harold.c.prince@maine.gov
EMAIL FOR OVERALL RULE-MAKING LIAISON:  ned.r.porter@maine.gov


AGENCY:  16-219 - Office of the State Fire Marshal
CHAPTER NUMBER AND TITLE:  Ch. 4, Water-Based Fire Protection Systems
ADOPTED RULE NUMBER:  2009-206
CONCISE SUMMARY:  Chapter 4 establishes minimum standards for the selection, installation, and maintenance of water-based fire suppression systems.  This rule incorporates by reference the following National Fire Protection Association standards:
NFPA 22, Standard for Water Tanks for Private Fire Protection, 2008 edition
NFPA 25, Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems, 2008 edition
EFFECTIVE DATE:  June 26, 2009
AGENCY CONTACT PERSON/OVERALL AGENCY RULE-MAKING LIAISON:  Richard E. Taylor, Sr. Planning and Research Analyst, Office of the State Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052
TELEPHONE:  (207) 626-3873
EMAIL:  richard.e.taylor@maine.gov


AGENCY: 10-144 – Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE: Ch. 33, Rules for the Certification of Family Child Care Providers
ADOPTED RULE NUMBER: 2009-207
CONCISE SUMMARY:  The final adoption of the major substantive portions of Chapter 33 has been reviewed and authorized by the Maine Legislature (Resolve 2009, chapter 8). Pursuant to Public Law 07, Chapters 324 (22 MRSA §§ 7702-B) and  7802 (2) (B)(6)), and 631 (22 MRSA §2662); Public Law 05, Chapters 12, Part KK (budget, increase fees); 530 (22 MRSA §8303-A), and 640 (22 MRSA §§ 7802 (2), 8301-A (2), 8403 (2)) and 22 MRSA §7702-A (3), the Family Child Care Providers rules are amended as follows:
[A] Adds “operating without a certificate” provisions, see Section 5.1.  [B] Adds a limitation on reapplication after denial or revocation of a certificate, Sec. 5.4.  [C] The application fee for a provisional or temporary certificate is $80.00, Sec. 2.7.1.1.  [D] The term of a full certificate is increased to 2 years. Sec. 3.1.4.  [E] A $160 renewal fee will be assessed biennially for a full or a conditional certificate, Sec. 2.7.1.2. [F] At least one unannounced inspection will take place between 6 and 18 months after the issuance of a full certificate, Sec. 4.5.  [G] To clearly identify these rules as “certification” rules, the word certification is added to the name of the rules - “Rules for the Certification of Family Child Care Providers,” [H] Adds swimming pool rules, Section 11.5.  [I] Deletes requirement to register swimming pools with Maine Center for Disease Control and Prevention, Sec. 14.8.1.2.  [J] Definitions required to implement the swimming pool rules were added and for clarity and consistency the definitions of “Designee” and “Home” were deleted.  [K] Other changes to the rules include the addition of procedures for obtaining a waiver, Sec. 2.23; increased penalties, Sec. 5.1.2 and 5.6; safety requirements for equipment, Sec. 14.4.6, and an exception to the staff-to-child ratios, Sec. 11.5.9.  [L] Providers must notify the department when a swimming or wading pool is installed. Sec. 6.1.7.  [M] Providers must obtain written authorization from the parent for the child to participate in a high risk activity, including swimming. Sec. 6.2.4.
The following technical/formatting/other changes are also included:
Renumbered Chapter 33.  This facilitates identification of each provision for ease of reference and future amendment of rules.  The division is in the process of aligning the numbering system of all certification and licensing rules.  Updated names of state agencies.  Moved content of Sections XIX, XX, XXI into Section 5. Modifications made to Sections 2.20, 6.3.5, 14.5.1, and 19.1.22 in order to comply with 5 MRSA § 8056 (1) (B).
Economic impact on small businesses (Applies to businesses with 20 or fewer employees):  The fee increase will have an impact on the 1,639 certified Family Child Care Programs in Maine.  This is the 1st fee increase since 1998 and there is no less costly reasonable alternative to achieve the purpose of Public Law 2005, Chapter 12, Part KK. 
EFFECTIVE DATE: July 1, 2009
AGENCY CONTACT PERSON: Catherine M. Cobb, Director, Division of Licensing and Regulatory Services, 11 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2979; Toll free:  (800) 791-4080; TTY:  (800) 606-0215; Fax:  (207) 287-5807
E-MAIL: catherine.cobb@maine.gov
EMAIL FOR OVERALL RULE-MAKING LIAISON:  marina.thibeau@maine.gov


AGENCY:  05-071 – State Board of Education
CHAPTER NUMBER AND TITLE:  Ch. 115, Certification, Authorization, and Approval of Education Personnel, Part I and Part II
ADOPTED RULE NUMBER:  2009-208
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
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
EFFECTIVE DATE:  June 26, 2009
AGENCY CONTACT PERSON:  Joanne C. Holmes, Department of Education, State House Station 23, Augusta, ME 04333
TELEPHONE: (207) 624-6669
E-MAIL: jaci.holmes@maine.gov
E-MAIL FOR OVERALL RULE-MAKING LIAISON: greg.scott@maine.gov


AGENCY:  94-078 – Energy and Carbon Savings Trust
CHAPTER NUMBER AND TITLE:  Ch. 2, Administration of Trust, Budgeting, Project Selection Criteria and Procedure, Monitoring and Evaluation Requirements
ADOPTED RULE NUMBER:  2009-209
CONCISE SUMMARY:  This rule establishes administrative and operational requirements for the activities of the Energy and Carbon Savings Trust and its grantees.  It includes provisions governing the management of competitive bid processes for awarding contracts and grants funded by the Trust and requirements for post-grant award monitoring and evaluation of programs and projects that receive Trust funding.
EFFECTIVE DATE:  June 28, 2009
AGENCY CONTACT PERSON:  Stephen L. Diamond, Chair; Energy and Carbon Savings Trust, c/o Maine Public Utilities Commission, 18 State House Station, 242 State Street, Augusta, ME 04333
TELEPHONE:  (207) 287-3831