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Home > Weekly Newspaper Notices > July 29, 2009

July 29, 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:  02-039 – Department of Professional and Financial Regulation, Office of Licensing and Registration, Real Estate Commission
RULE TITLE OR SUBJECT: Ch. 360, Prerequisites to Licensure by Individuals, Ch. 390, Licensing Procedures and Requirements
PROPOSED RULE NUMBER: 2009-P198
CONCISE SUMMARY:  Prior to enactment of PL 2009, c. 112, Sec. A-17, a person could qualify for licensure as a real estate broker in one of two ways: (a) by practicing as an associate broker for one year immediately preceding the date of application and completing a qualified educational program, or (b) by practicing for one year as a sales agent within the three years immediately preceding the date of application and completing a two year business degree program. PL 2009, c. 112, Sec. A-17 modified pathway (a) by requiring two years of licensure as an associate broker affiliated with a real estate brokerage agency within the five years immediately preceding the date of application, and eliminated pathway (b). The proposed rules conform the Commission’s rules to the new legislation.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
SEEhttp://www.maine.gov/professionallicensing for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  32 MRSA §13065
PUBLIC HEARING:  None scheduled
DEADLINE FOR COMMENTS:  August 28, 2009
AGENCY CONTACT PERSON:  Carol J. Leighton, Executive Director, Real Estate Commission, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE:  (207) 624-8520
E-MAIL:  carol.j.leighton@maine.gov


AGENCY:  90-351 – Workers’ Compensation Board
RULE TITLE OR SUBJECT: Ch. 5, Medical Fees; Reimbursement Levels; Reporting Requirements
PROPOSED RULE NUMBER: 2009-P199
CONCISE SUMMARY:  This rule establishes maximum facility fee charges for hospital inpatient, hospital outpatient, and ambulatory surgical centers and maximum charges for professional services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  39-A MRSA §§152(2); 209
PUBLIC HEARING:  Monday, August 17, 2009, 9:00 am, Workers’ Compensation Board, Central Office, AMHI Complex, Deering Building , First Floor, Room 170, Hospital Street, Augusta, ME
DEADLINE FOR COMMENTS:  Thursday, August 27, 2009, 5:00 pm.
AGENCY CONTACT PERSON:  John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta, ME 04333-0027
TELEPHONE:  (207) 287-7086
E-MAIL:   john.rohde@maine.gov


AGENCY:  01-015 – Maine Milk Commission
RULE TITLE OR SUBJECT:  Ch. 3, Schedule of Minimum Prices Order #09-09
PROPOSED RULE NUMBER: 2009-P200
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 www.maine.gov/agriculture/mmc/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  5 MRSA Section 8054 and 7 MRSA Section 2954
PUBLIC HEARING:  August 21, 2009, Friday, starting at 1:30 pm, Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, ME
DEADLINE FOR COMMENTS:  August 21, 2009
AGENCY CONTACT PERSON:  Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, Maine, 04333
TELEPHONE:  (207) 287-7521
E-MAIL:  mailto:ginger.roberts-scott@maine.gov tim.drake@maine.gov


AGENCY:  10-144 – Department of Health and Human Services
RULE TITLE OR SUBJECT:  Ch. 286, Rules relating to Women, Infants and Children (WIC) Nutrition Program
PROPOSED RULE NUMBER: 2009-P201
CONCISE SUMMARY:   The Food and Nutrition Services (FNS) Division of the United States Department of Agriculture funds WIC Nutrition Programs throughout the country. FNS has adjusted the types and amounts of food that WIC Nutrition Programs can offer their participants. The proposed rules reflect these changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA §§42 and 1951
PUBLIC HEARING:  No public hearing is scheduled. A public hearing will be scheduled if requested in writing by 5 or more individuals.
DEADLINE FOR COMMENTS:  August 28, 2009
AGENCY CONTACT PERSON:  Lisa Hodgkins, DHHS, Maine WIC Nutrition Program, 11 State House Station, Augusta, ME  04333-0011
TELEPHONE:  (207) 287-5342, (800) 437-9300 TTY:  (800) 606-0215 FAX:  (207) 287-3993
E-MAIL:  lisa.hodgkins@maine.gov


AGENCY:  10-144 - Department of Health and Human Services, MaineCare Services
RULE TITLE OR SUBJECT:  Ch. 101, MaineCare Benefits Manual, Chapter III, Section 22, Home and Community Benefits for Adults with Physical Disabilities
PROPOSED RULE NUMBER: 2009-P202
CONCISE SUMMARY:  The Department proposes to adjust the rates for personal care attendant services under this section.  Specifically, the proposal increases the rate from $2.57 to $2.61 per fifteen minutes.  This is being proposed because the rate that was adopted in March 2009 did not adjust for the total amount of state funds allocated for the program.  In order to claim full Federal match for this program, this rate needs to be adjusted an additional four cents.  In addition, this rate is now consistent with the personal care attendant rates reimbursed under Section 12 of the MaineCare Benefits Manual.
See: http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.html for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA, §§42, 3173
PUBLIC HEARING:  August 17th at 1 pm, Conference Room # 4, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 10, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight August 27, 2009
AGENCY CONTACT PERSON:  Alyssa Morrison, Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine  04333-0011
TELEPHONE:  (207) 287-9368  FAX: (207) 287-9369  TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  alyssa.morrison@maine.gov


AGENCY:  10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT:  Ch. 101, MaineCare Benefits Manual, Chapter III, Section 45, Hospital Services
PROPOSED RULE NUMBER: 2009-P203
CONCISE SUMMARY:  The Department is proposing to permanently adopt emergency rules currently in place that reduce hospital reimbursement.  As mandated by the Legislature, in P.L. 2009, ch. 213, Part CC, effective July 1, 2009 the Department reduced hospital reimbursement. For acute care non-critical access hospitals, inpatient discharge rates (except for those from psychiatric units) were reduced 6.7% and reimbursement for outpatient services was decreased to 83.8% of costs. For critical access hospitals and hospitals reclassified to a wage area outside Maine, reimbursement for inpatient and outpatient services was reduced to 109% of costs. For all acute care hospitals, including critical access, hospital based physician reimbursement was decreased from 100% to 93.3% of allowable costs for inpatient non-emergency physicians, to 93.4% of costs for inpatient emergency physicians and to 83.8% of costs for outpatient non-emergency physicians. 
In addition, these emergency rules eliminated the COLA adjustment for SFY’s 2010 and 2011 for non critical access acute care hospitals for inpatient discharge rate and for psychiatric unit discharge rates. The Department capped the PIP payment so that the total payment to all hospitals is not less than 80%.  All of the above mentioned changes are contingent upon approval from CMS.
See  http://www.maine.gov/bms/rules/provider_rules_policies.html for rules and related rulemaking documents or visit your local DHHS agency where this rule proposal can be accessed for you.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  22 MRSA, §42, §3173
PUBLIC HEARING:  August 19, 2009, 1 pm, Conference Room # 3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04330
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before August 10, 2009.
DEADLINE FOR COMMENTS:  Comments must be received by midnight, August 31, 2009.   
AGENCY CONTACT PERSON:  Derrick Grant, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine  04333-0011
TELEPHONE:  (207) 287-6427   FAX:  (207) 287-9369  TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL:  derrick.grant@maine.gov


AGENCY:  09-137 – Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT:  Ch. 4, Hunting:  (4.06 Wild Turkey Hunting Season)
PROPOSED RULE NUMBER: 2009-P204
CONCISE SUMMARY:  The Commissioner of Inland Fisheries and Wildlife is proposing to amend the fall wild turkey hunting season by adding Wildlife Management District 12 to Zone 1 (Saturday preceding the Monday observance of Columbus Day in October to the 2nd Saturday following Columbus Day).  In Zone 1, only bow and arrow may be used to hunt wild turkey. 
A copy of the proposal may be obtained from the Agency Contact Person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  12 MRSA, Section 11701
PUBLIC HEARING:  None scheduled – one may be requested.
DEADLINE FOR COMMENTS:  August 28, 2009   
AGENCY CONTACT PERSON:  Written comments should be directed to Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME  04333-0041
FAX: (207) 287-6395
E-MAIL:  andrea.erskine@maine.gov


AGENCY:  09-137 – Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT:  Endangered Species
PROPOSED RULE NUMBER: 2009-P205
CONCISE SUMMARY:  The Department of Inland Fisheries and Wildlife has proposed (1) deletions of all previously designated Essential Habitats for bald eagles as they have been removed from the State’s Endangered and Threatened Species List by the Legislature, due to the successful recovery of the bald eagle population.  As such, designated nest sites no longer meet the criteria for essential habitat.  A list of the sites being eliminated may be obtained from the agency contact person listed below.
At the same time, the Department is proposing to update and clarify certain other rules pertaining to the Maine Endangered and Threatened Species Act.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  12 MRSA, §§7035, 7753, 7754
PUBLIC HEARING:  None scheduled – one may be requested.
DEADLINE FOR COMMENTS:  August 28, 2009   
AGENCY CONTACT PERSON:  Written comments should be directed to Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME  04333-0041
FAX: (207) 287-6395
E-MAIL:  andrea.erskine@maine.gov


AGENCY:  09-137 – Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT:  Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 2009-P206
CONCISE SUMMARY:  The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1)  Ducks (not including mergansers)  NORTH ZONE:  October 1 through December 9, 2009
SOUTH ZONE:  October 1 through October 24, 2009, November 9 through December 23, 2009  
Daily Limit 6 ducks, no more than 4 of any one species; possession limit 12, no more than 8 of any one species, with the following exceptions:  a.  Closed season for harlequin ducks and Barrow’s goldeneye.  (CANVASBACK:  Season dates will not be determined until the U.S. Fish & Wildlife Service determines the current breeding population and regulatory package allowable).  b.  Daily limit: 1; possession limit: 2 for black ducks, northern pintail, mottled ducks, and fulvous whistling ducks.  c.  Daily limit: 2; possession limit: 4 for hen mallard, and redhead ducks.  d. SCAUP:  Season dates will not be determined until the U.S. Fish & Wildlife Service determines the current breeding population and regulatory package allowable.  e. Daily limit of 6; possession limit: 12 for teal (no more than 4 of any one species in the daily limit or 8 in the possession limit).  f. Daily limit : 3; possession limit: 6 for wood ducks.
2)  Mergansers and American coots:  SEASON SAME AS DUCKS. 
Mergansers:  Daily limit 5 in the aggregate; possession limit 10 with the following exceptions:  Hooded mergansers:  daily limit: 2; possession limit: 4.  American coot:  Daily limit 5, possession limit 10.
3)  Canada Geese (Early Season):   September 1 through September 25, 2009.
NORTH ZONE: Daily limit 6; possession limit: 12.
SOUTH ZONE:  Daily limit 8; possession limit: 16.
Regular Goose Season - NORTH ZONE:  October 1 through December 9, 2009.             
SOUTH ZONE:  October 1 through October 24, 2009, November 9 through December 23, 2009. Daily limit: 2; possession limit:  4
4)  Snow Geese:  October 1, 2009 - January 31, 2010.  Daily limit 15; no possession limit.
5)  Brant:  Same season dates as ducks.  Daily limit 3; possession limit 6.
6)  Special Falconry Season:  In addition to the regular migratory bird season on ducks, mergansers, and American coots: 
NORTH ZONE:  December 10, 2009 through February 1, 2010.
   SOUTH ZONE:  January 6, 2010 through February 27, 2010.
Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7)  Sea Ducks:  (scoters, eiders, and long-tailed ducks in the sea duck zone): 
October 1, 2009 through January 31, 2010.   Daily limit 7; possession limit 14 with following exceptions:  Scoter:  daily limit: 4; possession limit: 8;  Common Eider: daily limit: 4; possession limit: 8.
8)  Woodcock:  October 1 – October 24, 2009, October 26 – October 31, 2009, Daily limit 3; possession limit 6.
9)  Common Snipe  September 1 – December 16, 2009, Daily limit 8; possession limit 16
10)  Crows:  Wildlife Management Districts 1-6:  February 15 – April 15, August 1 – September 30
Wildlife Management Districts 7-29:  February 1 – March 31, August 1 – September 30
No daily bag or possession limit.
11) Rails (Sora and Virginia)  September 1 – November 9, 2009
Daily limit 25;    possession limit 25
12) Moorhens and Gallinules:  Closed Season
13) YOUTH WATERFOWL HUNT:  September 26, 2009.  Bag limits as above.  Special regulations will apply to youth and accompanying adult. 
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  12 MRSA, Sections 10104 and 11855
PUBLIC HEARING:  Wednesday, August 19, 2009 at 6:30 p.m. at the Augusta Civic Center, Kennebec/Penobscot Room, Community Drive, Augusta, ME
DEADLINE FOR COMMENTS:  August 19, 2009   
AGENCY CONTACT PERSON:  Written comments should be directed to Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME  04333-0041
FAX: (207) 287-6395
E-MAIL:  andrea.erskine@maine.gov



ADOPTIONS


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 41.05, Territorial Waters Trawl Prohibition
ADOPTED RULE NUMBER: 2009- 355
CONCISE SUMMARY: The holders of a commercial fishing license are prohibited to use any otter, beam or mid-water trawl net on a vessel, or used by a vessel fishing in Maine's territorial waters to fish for or take Atlantic menhaden.
CHAPTER NUMBER AND TITLE: Ch. 34(1)(B)(2), Groundfish, Recreational updates with federal rules
ADOPTED RULE NUMBER: 2009-356
CONCISE SUMMARY: These regulations adopt for charter/party and private recreational vessels the minimum size for haddock of 18 inches, reduced from the previous minimum size of 19 inches.  These regulations also extend the seasonal prohibition on the possession of GOM cod by 2 weeks from March 31 to April 15. 
CHAPTER NUMBER AND TITLE: Ch. 25.45, Dragged Crab as Bycatch
ADOPTED RULE NUMBER: 2009-357
CONCISE SUMMARY: In accordance with 12 M.R.S.A. §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 adopted regulations will require commercial fishing license holders to obtain a no cost license endorsement (starting in 2010) for crabs taken by drag and the catch is now limited to 200 lbs of crabs per day, not to exceed 500 lbs per trip.
CHAPTER NUMBER AND TITLE:  Technical corrections and update in Ch. 11, Scallops, Ch. 12, Mussels, and Ch. 25, Lobster and Crab
ADOPTED RULE NUMBER: 2009-358
CONCISE SUMMARY: The citation to the Swans Island Conservation Area has been corrected in Chapters 11 and 25.  The buoy color referenced in Chapter 11.15(2) is corrected from black to white.  The regulations in Chapter 12 Mussels has been updated in accordance with 12 MRSA §6746-A for compliance and consistency for the nighttime prohibition on mussel dragging.
CHAPTER NUMBER AND TITLE: Ch. 15.01(A)(11)(a), add Repacker definition (new); Ch. 15.21(I), Shucked Shellfish Labeling (new); and Ch. 17.02 & 05, Shucker-Packer (add repacking)
ADOPTED RULE NUMBER: 2009-359
CONCISE SUMMARY: These adopted amendments establish the regulations to allow certified shellfish dealers issued a certificate pursuant to 12 MRSA §6856 to repack shucked shellfish.
CHAPTER NUMBER AND TITLE: Ch. 26.07(2), Sea Urchin Harvesting Season 2009-2010 – Zone 2
ADOPTED RULE NUMBER: 2009-360
CONCISE SUMMARY: For purposes of conservation pursuant to 12 M.R.S.A. §6171, §6171-A, and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2009-2010.  The Department has adopted a 45 day season for divers, trappers, rakers and draggers in 2009-2010, which was the same length of season in 2008-2009.  Divers, rakers, trappers, and draggers will have a choice of an early or late season instead of a single early season.  The deadline for selection of early or late season in Zone 2 will be changed to August 15.
CHAPTER NUMBER AND TITLE: Ch. 26.07(1), Sea Urchin Harvesting Season 2009-2010 – Zone 1
ADOPTED RULE NUMBER: 2009-361
CONCISE SUMMARY: For purposes of conservation pursuant to 12 M.R.S.A. §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2009-2010.  There will be a 10 day season for divers, trappers, rakers and draggers in 2009-2010, which was the same length of season in 2008-2009.  Divers, rakers and trappers will have a choice of fishing 10 days in September or 10 days in December; and draggers in December or January. The deadline for selection of early or late season dragging in Zone 1 will be November 15, 2009.
CHAPTER NUMBER AND TITLE: Ch. 24, Importation of Live Marine Organisms
ADOPTED RULE NUMBER: 2009-362
CONCISE SUMMARY: The adopted regulations establish and update health inspection rules for marine fish, including but not limited to Gadids and Pleuronictids, similar to the established rules for salmonids.
CHAPTER NUMBER AND TITLE: Ch. 13.20, Harvesting of Periwinkles
ADOPTED RULE NUMBER: 2009-363
CONCISE SUMMARY: These regulations implement a prohibition on the harvest by mechanical pump, suction methods, and or diving, including hand harvest by diving; establish a minimum size of 9/16th girth based on a quart sample count of 220; limits the maximum aggregate drag size to 6 feet in width; require culls and undersize to be released into marine waters in the area where harvested; night time dragging is prohibited; adds a no cost license endorsement to the required commercial fishing license; and provides an exemption for personal use.
CHAPTER NUMBER AND TITLE: Ch. 55.90, Menhaden Pilot Program
ADOPTED RULE NUMBER: 2009-364
CONCISE SUMMARY: A pilot project has been adopted that limits the take and possession of Atlantic menhaden in three areas in Southern Maine.  The largest area is shoreward from Cape Elizabeth to Small Point; and two smaller areas are shoreward from Bald Head Cliff to Cape Arundel and Biddeford Pool to Cape Elizabeth.  In all areas menhaden harvester vessels are limited to 50 feet; carrier vessels greater than 70 feet must have their holds measured, marked at a maximum 250,000 lb capacity and sealed; in the two smaller areas the daily catch limit is 250,000 lb per harvester and carrier vessels; and in the larger area the daily catch limit is 250,000 lb per carrier vessels only.  This rule will sunset June 1, 2010 and the Commissioner has the authority to waive all of these rules in the event of a potential fish kill.
EFFECTIVE DATE: July 20, 2009
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584; FAX:  (207) 633-9579; TTY: (207) 633-9500
E-MAIL: laurice.churchill@maine.gov


AGENCY:  05-071 - Department of Education, State Board of Education
CHAPTER NUMBER AND TITLECh. 61, State Board of Education Rules for Major Capital School Construction Projects
ADOPTED RULE NUMBER:  2009-365
CONCISE SUMMARY: The State Board of Education is adopting these amendments to Chapter 61 to establish the procedures to be used to accept and review applications and to establish guidelines under which the Department of Education shall recommend to the State Board of Education an innovative model of consolidation and integrated secondary and postsecondary education that includes facilities for: [1] a regional high school; [2] a fully integrated career and technical high school; [3] a higher education center that will provide courses and degrees from both the University of Maine System and the Maine Community College System; and [4] centers of excellence that will provide industry specific training.
 EFFECTIVE DATE: August 15, 2009
AGENCY CONTACT PERSON:  Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME  04333-0023
TELEPHONE:  (207) 624-6669
E-MAIL:  Jaci.Holmes@Maine.Gov


AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE:  Ch. 120, Release of Data to the Public
ADOPTED RULE NUMBER: 2009-366
CONCISE SUMMARY: After receiving comments related to the initial rule modification to allow the release of group numbers with stipulations, the MHDO Board agreed to further modify the rules as they relate to data requests for group numbers.  This change increases the review period for outside comments from ten to thirty days and establishes a data advisory committee composed of individuals who may be impacted by the release of group numbers.  This rule revision also changes the definitions of “health care claims processor” and “third party payer” to be consistent with the Maine Health Data Organization statutes and other related rules.  This rule change is not expected to have any adverse economic impact on small business.
See www.maine.gov/mhdo for MHDO adopted rules.  A paper copy of this rule change can be obtained by calling 287-6722. 
EFFECTIVE DATE: August 15, 2009
CONTACT PERSON:  Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street,  102 State House Station, Augusta, ME  04333-0102
TELEPHONE: (207) 287-6722
E-MAIL: alan.m.prysunka@maine.gov


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices Order #08-09
ADOPTED RULE NUMBER: 2009-368
CONCISE SUMMARY: Minimum August 2009 Class I price is $13.29/cwt. plus $1.66/cwt. for Producer Margins, an over-order premium of $1.53/cwt as being prevailing in Southern New England and $6.28/cwt handling fee for a total of $23.66/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: August 2, 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: 17-387 - Maine Pilotage Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Rules and Regulations
ADOPTED RULE NUMBER: 2009-369
CONCISE SUMMARY: The changes to the Maine Pilotage Commission rules include:
new language to give the Commission more flexibility to license pilots on bodies of water with  minimal current traffic; new requirements for the reactivation of an inactive license;
pilot station clarifications; requirement of a master of the vessel/pilot exchange;
clarification of what is a reportable incident/casualty; requirement of submittal of a drug/alcohol test if requested by the Commission after such an incident; requirement that a pilot is to meet with a representative of the Commission after such and incident; and other minor technical clarifications.
EFFECTIVE DATE: July 27, 2009
AGENCY CONTACT PERSON: Kevin J. Rousseau, Administrator, Maine Pilotage Commission, 16 State House Station, Augusta, Maine 04333-0016
TELEPHONE: (207)624-3565
E-MAIL: kevin.rousseau@maine.gov


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.65, Emergency Closure, Matinicus
ADOPTED RULE NUMBER: 2009-370                                                        
CONCISE SUMMARY: On July 23, 2009 a decision was made to change the expiration of this emergency regulation from midnight August 6th to 1/2 hour before sunrise, July 27, 2009.
Effective 1/2 hour before sunrise, July 23, 2009 the Matinicus area described in the regulation is closed to all lobster and crab fishing licensed activities including the setting or taking up of gear. For more information contact: Marine Patrol Division II, Lt. Alan Talbot, tel: (207) 667-3373.
A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons.  The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: July 25, 2009
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584; TTY: (207) 633-9500
E-MAIL: laurice.churchill@maine.gov