Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > August 19, 2009

August 19, 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:  29-250 – Department of Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT:  Ch. 170, Permitting Commercial Vehicles at Canadian Weight Limits to Travel from Designated Points at the Canadian Border to Baileyville, Van Buren, and Madawaska
PROPOSED RULE NUMBER:  2009-P214
CONCISE SUMMARY:  This rule implements the Canadian Weight Limits (CWL) program authorized by 29-A MRSA §2354-C which provides for the operation of two vehicle configurations at certain Canadian Weight limits between the Canadian border at Calais to a mill in Baileyville; from the Canadian border at Madawaska to a paper mill in Madawaska; and from the Canadian border at Van Buren to a rail yard in Van Buren.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  29-A MRSA §2354-C
PUBLIC HEARING:  September 10, 2009 at 10:00 am, Bureau of Motor Vehicles – Executive Conference Room, 101 Hospital St., Augusta, ME  04330
DEADLINE FOR COMMENTS:  October 7, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Colleen Weed, Bureau of Motor Vehicles, 101 Hospital St., Augusta, ME  04330
TELEPHONE:  (207) 624-9187, FAX:  (207) 624-9086
E-MAIL:  colleen.w.weed@maine.gov


AGENCY:  12-597 – Department of Labor, Bureau of Employment Services
RULE TITLE OR SUBJECT:  Rules Governing Implementation of the Trade Adjustment Assistance Program, established by the United States Trade Act of 1974.
PROPOSED RULE NUMBER:  2009-P215
CONCISE SUMMARY:  The proposed amendment will revise the current trade rules to incorporate the changes in federal trade law enacted on 5/18/09.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  26 MRSA §2051
PUBLIC HEARING:  N/A
DEADLINE FOR COMMENTS:  5:00 pm, September 30, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Judy Pelletier, Bureau of Employment Services, 55 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 623-7993, FAX:  (207) 287-5933
E-MAIL:  judith.a.pelletier@maine.gov


AGENCY:  65-407 – Public Utilities Commission
RULE TITLE OR SUBJECT:  Late Payment Charges and Interest Rates to be Paid on Customer Deposits, and Charges for Returned Checks
PROPOSED RULE NUMBER:  2009-P216
CONCISE SUMMARY:  Through this Notice, the Commission initiates a rulemaking proceeding to amend our existing rule which establishes the maximum interest rate that public utilities may charge customers on balances that remain unpaid for no less than twenty-five days from the postmark date of the customer’s bill (Late Payments) and that also establishes a just and reasonable interest rate for customer deposits.  We provide an opportunity for interested persons to comment on these proposed changes.
THIS RULE WILL HAVE A NEGLIGIBLE FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  35-A MRSA §§101, 104, 111, 301, 304 AND 705(3).
PUBLIC HEARING:  No public hearing is currently scheduled.  However, a public hearing will be scheduled if requested by any five interested persons.
DEADLINE FOR COMMENTS:  September 18, 2009 and should refer to Docket #2009-259
AGENCY CONTACT PERSON:  Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME  04333-0018
TELEPHONE:  (207) 287-3831
E-MAIL:  paula.cyr@maine.gov


AGENCY:  09-137 – Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT:  Season Dates and Open and Closed Areas for Beaver Trapping
PROPOSED RULE NUMBER:  2009-P217
CONCISE SUMMARY:  The Department of Inland Fisheries and Wildlife proposes to adopt amendments to the season dates and open and closed areas for beaver trapping and remove restrictions, until April 30, 2011, on setback requirements for trapping near active beaver dams, as follows: 
Wildlife Management Districts 1, 2, 4,.............................................. October 18 - April 30
Wildlife Management Districts 3, 5, 6, 8, 9, 10, 11............................. November 1 April 30
Wildlife Management Districts 18, 19, 28......................................... November 1 April 15
Wildlife Management Districts 7, 12, 13, 14, 15, 16, 17,
               20, 21, 22, 23, 24, 25, 26, 27, 29 ........................................ December 1 March 31
In WMDs 1, 2, 4, 8, 9, and 10, there is no required setback distance from an active beaver dam; this exception expires on April 30, 2011.
During the open season for beaver trapping in any of the twenty-nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions:
                    (1)  Town open to beaver trapping with certain specified areas closed;
                    (2)  Town closed to beaver trapping with certain specified areas open;
                    (3)  Town closed to all beaver trapping; or
                    (4)  Town open to all beaver trapping.
A copy of the proposed open and closed areas by WMD for beaver trapping season may be obtained from the Agency Contact Person and Regional Wildlife or Warden Service offices.
STATUTORY AUTHORITY:  12 MRSA §10104
PUBLIC HEARING:  None scheduled – one may be requested
DEADLINE FOR COMMENTS:  September 18, 2009
AGENCY CONTACT PERSON:  Andrea Erskine, Inland Fisheries and Wildlife, 41 SHS, Augusta, ME  04333-0041
E-MAIL:  andrea.erskine@maine.gov


AGENCY:  02-392 – Department of Professional and Financial Regulation, Office of Licensing and Registration, Maine Board of Pharmacy
RULE TITLE OR SUBJECT:  Ch. 1, Definitions (amended), Ch. 4-A, Administration of Drugs and Immunizations (new)
PROPOSED RULE NUMBER:  2009-P218
CONCISE SUMMARY:  This is an emergency rulemaking proceeding to implement PL 2009, c. 308, An Act to Allow Pharmacists to Administer Certain Immunizations. The amendment to Chapter 1 defines “drug administration clinic.” New Chapter 4-A: (1) contains requirements for treatment protocols for the administration of influenza and other vaccinations made by a medical practitioner and a pharmacist or pharmacy; (2) contains administration requirements for pharmacists who administer influenza and other vaccinations; and (3) contains requirements for the operation of drug administration clinics.
No rulemaking hearing will be held, but written comment will be accepted up to the deadline for comments that appears below. The board plans to act on the proposed rules at its September 22, 2009 meeting in Gardiner.
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 §§13720, 13723, 13832, 13833, 13835; PL 2009, c. 308
PUBLIC HEARING:  None
DEADLINE FOR COMMENTS:  September 3, 2009
AGENCY CONTACT PERSON:  Geraldine L. Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME  04333
TELEPHONE:  (207) 624-8625
E-MAIL:  geraldine.l.betts@maine.gov
PROPOSED RULE AVAILABLE ON LINE AT:  www.maine.gov/professionallicensing



ADOPTIONS


AGENCY:  90-351 – Workers’ Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 2(2)(9), 2009 Extension of Benefits
ADOPTED RULE NUMBER:  2009-434
CONCISE SUMMARY:  Because Maine’s frequency of disabling cases is less than the national average, the Board is proposing to extend the benefit limitation by 52 weeks.
EFFECTIVE DATE:  August 17, 2009
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:  01-017 – Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE:  Ch. 7, Racing, Section 72, Purse Distribution, #3
ADOPTED RULE NUMBER:  2009-435
CONCISE SUMMARY:  The adopted rule allows the licensed racing association to enter a contractual agreement with a horsemen’s association to deduct a certain portion of the purse winnings for disbursement to the driver and trainer of the horses receiving a portion of the purse in any given race.
EFFECTIVE DATE:  August 18, 2009
CHAPTER NUMBER AND TITLE:  Ch. 9, Sire Stakes, Section 6 Conditions, Sub-section 7
ADOPTED RULE NUMBER:  2009-436
CONCISE SUMMARY:  The adopted rule requires that in order for a horse to participate in the final event of the year it must have participated in at least one stake event during the calendar year.
EFFECTIVE DATE:  August 18, 2009
CHAPTER NUMBER AND TITLE:  Ch. 11, Medication and Testing, Section 7 Out Of Competition Testing
ADOPTED RULE NUMBER:  2009-437
CONCISE SUMMARY;  This adopted rule allows for out of competition testing of horses that participate at Maine’s licensed racetracks; establishes the protocol of who may obtain test samples and where the test samples are to be collected; establishes the testing requirements of those test samples collected; establishes the notification protocol of the testing laboratory and Commission of a positive test; establishes the protocol for requesting split sample testing in the event a positive test is reported.
EFFECTIVE DATE:  August 18, 2009
AGENCY CONTACT PERSON:  Henry W. Jackson, Maine State Harness Racing Commission, 28 State House Station, Augusta, ME  04333-0028
TELEPHONE:  (207) 287-3221
E-MAIL:  henry.jackson@maine.gov