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Home > Weekly Notices > October 21, 2009

October 21, 2009

WEEKLY NOTICES 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: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
RULE TITLE OR SUBJECT: Ch. 240, Standards of Professional Practice
PROPOSED RULE NUMBER: 2009-P264
CONCISE SUMMARY: Title 32 MRSA §14028 requires licensees to comply with the Uniform Standards of Appraisal Practice ("USPAP"). The amendment to Ch. 240 identifies the current edition of the USPAP with which licensees shall comply.
A copy of the statement of 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 §14012
PUBLIC HEARING: None
DEADLINE FOR WRITTEN COMMENTS: November 20, 2009
AGENCY CONTACT PERSON: Carol J. Leighton, Administrator (E-mail: Carol.J.Leighton@Maine.gov), Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333. Phone: (207) 624-8520
PROPOSED RULE AVAILABLE ON LINE: www.maine.gov/professionallicensing



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.06, Moose Hunting
PROPOSED RULE NUMBER: 2009-P265
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule establishing the number of moose hunting permits to be issued for the 2010 season. Permits will be issued for bulls, antlerless and any-moose. Permits are allocated according to Wildlife Management District as follows:
WMD 1 – 120 bulls / 20 antlerless
WMD 2 – 125 bulls/ 125 antlerless
WMD 3 – 200 bulls / 290 antlerless
WMD 4 – 255 bulls
WMD 5 – 125 bulls
WMD 6 – 220 bulls / 280 antlerless
WMD 7 – 125 bulls
WMD 8 – 235 bulls
WMD 9 – 70 bulls / 10 antlerless
WMD 10 – 100 bulls / 10 antlerless
WMD 11 – 160 bulls / 120 antlerless
WMD 12 – 35 bulls / 20 antlerless
WMD 13 -- 35 bulls / 10 antlerless
WMD 14 – 35 bulls
WMD 15 – 25 any-moose*
WMD 16 – 20 any-moose*
WMD 17 – 30 bulls / 30 antlerless
WMD 18 – 70 bulls / 20 antlerless
WMD 19 – 80 bulls / 20 antlerless
WMD 23 – 45 any-moose*
WMD 26 – 45 any-moose*
WMD 27 – 25 bulls
WMD 28 – 35 bulls
TOTAL: 2,080 bulls / 955 antlerless / 135 any-moose
In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 27, and 28 the season will begin on the second Monday of October and remain open for 6 days.
*In WMDs 15, 16, 23 and 26, the season begins the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving; the Saturday preceding the first day of this season is open for the hunting of moose by permit holders who are residents of this State only. The term “any-moose” means a moose of either sex. Persons hunting moose during this season must comply with the same hunter orange requirements as deer hunters. The legal hunting hours will be from ½ hour before sunrise to ½ hour after sunset.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11551
PUBLIC HEARING: November 12, 2009 @ 6:30 p.m. – Dept. of Inland Fisheries and Wildlife Region D Headquarters, 18 Village Street, Greenville, ME.
DEADLINE FOR COMMENTS: November 23, 2009
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 297-5201
E-MAIL: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/hunting_trapping/index.htm

AGENCY: 14-118 - Department of Health and Human Services, Office of Substance Abuse
CHAPTER NUMBER AND TITLE: Ch. 11, Registration, Collection, and Dissemination of Prescription Data Relating to Schedule II, III, and IV Drugs
PROPOSED RULE NUMBER: 2009-P266
CONTACT PERSON FOR THIS FILING: Daniel Eccher, PMP Project Coordinator, Office of Substance Abuse/DHHS, 11 State House Station, 41 Anthony Ave., Augusta, ME 04333-0011; Voice: (207) 287-3363; Fax: (207) 287-8910; TTY: (800) 606-0215; E-mail: Daniel.Eccher@Maine.gov ; URL: www.maine.gov/dhhs/osa
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same as above
PUBLIC HEARING: None scheduled unless requested by five or more people. Contact Daniel Eccher at the address given above.
COMMENT DEADLINE: November 20, 2009 (5:00 p.m.)
BRIEF SUMMARY: The Office of Substance Abuse is proposing to change the rules governing the controlled substances Prescription Monitoring Program (PMP). The current rules will be modified to reflect recent amendments to the PMP statute and a stipulation of a new federal grant that requires more frequent data submission by pharmacies.
DETAILED BASIS STATEMENT / SUMMARY: The Office of Substance Abuse is proposing to change the rules governing the controlled substances Prescription Monitoring Program (PMP). The current rules will be modified to reflect recent amendments to the PMP statute and a stipulation of a new federal grant that requires more frequent data submission by pharmacies.
The key changes will improve timeliness of the data and expand access to the MaineCare Program Integrity Unit and the Office of the Chief Medical Examiner:
* Section 5 - Data submission will change from twice monthly to weekly effective January 1, 2010.
* Section 7.1 - Requests for information by patients will require date of birth criteria.
* Section 7.2 - Requests for information by dispensers will be allowed by supervised pharmacy technicians and online requests will be explicitly allowed.
* Section 7.3 - Requests for information by prescribers will be explicitly allowed online.
* Section 7.4 - Requests for information by boards will also be allowed by "secure electronic transmission;" also removed is the requirement that OSA determine 'reasonable cause for request.'
* Section 7.6 & 7.7 – These new sections allow requests for information by “units within the Department of Health and Human Services” responsible for administering the MaineCare program and by the Office of the Chief Medical Examiner, for cause of death determination.
Other changes include clarifications and minor formatting changes.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any): N/A
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA Ch. 1603
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: LD 623, LD 1359
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Guy.Cousins@Maine.gov


ADOPTIONS



AGENCY: 10-146 - Department of Health and Human Services, Maine CDC, Office of Data, Research and Vital Statistics
CHAPTER NUMBER AND TITLE: Ch. 7, Vital Records Fees
ADOPTED RULE NUMBER: 2009-544
CONCISE SUMMARY: The Department is adopting rules for the fees charged for copies of vital records and for services performed in the processing and preparation of vital records as authorized by Title 22 –A MRSA §210.
The changes adopted in this rulemaking include the following areas:
* Addition of new fees to reflect increased expenses to comply with current mandates from new legislation and increased costs of operations.
* Fees support the cost of staff, operations and the development and maintenance of electronic systems which will facilitate the collection, storage and processing of vital records.
EFFECTIVE DATE: October 13, 2009
AGENCY CONTACT PERSON: Elana Jellison, Maine CD, 244 Water Street, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207)-287-1911
E-MAIL: Elana.Jellison@Maine.gov
URL: http://www.maine.gov/dhhs/bohodr/odrvs.htm



AGENCY: 02-039 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Real Estate Commission
CHAPTER NUMBER AND TITLE:
Ch. 360, Prerequisites to Licensure by Individuals
Ch. 390, Licensing Procedures and Requirements
ADOPTED RULE NUMBER: 2009-545 and 546
CONCISE SUMMARY: The adopted rules modify the qualifications for licensure as a real estate broker in accordance with PL 2009, c. 112, Sec. A-17.
EFFECTIVE DATE: October 13, 2009
AGENCY CONTACT PERSON: Carol Leighton, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520
E-MAIL: Carol.J.Leighton@Maine.gov
URL: http://www.maine.gov/pfr/professionallicensing/professions/real_estate/index.htm



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Repeal and Replace (Dates and Closures)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01(G.1 and 1.b.), Furbearing Animals (Beaver)
ADOPTED RULE NUMBER: 2009-547
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing beaver trapping season dates and individual township openings and closings for the beaver trapping. Townships or portions thereof are opened and closed on an individual basis to manage local beaver populations within the general season framework.
A copy of the rule may be obtained from the agency contact person.
EFFECTIVE DATE: October 20, 2009
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/hunting_trapping/index.htm



AGENCY: 09-237 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Turkey Hunting
ADOPTED RULE NUMBER: 2009-548
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the fall wild turkey hunting season by adding Wildlife Management District 12 to Zone 1 for the fall season.
A copy of the rule may be obtained from the agency contact person listed below.
EFFECTIVE DATE: October 20, 2009
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/hunting_trapping/index.htm

AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 10, Significant Wildlife Habitat
ADOPTED RULE NUMBER: 2009-549
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules that define several Significant Wildlife Habitats, as described under 38 MRSA §480-B(10) and 12 MRSA §12804, by incorporating the Department of Environmental Protections rules defining high and moderate value tidal waterfowl and wading bird habitats, shorebird nesting, feeding, and staging areas, and vernal pools into Ch. 10 of the Department's rules. A copy may be obtained from the Agency Contact Person listed below.
EFFECTIVE DATE: October 21, 2009
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/hunting_trapping/index.htm

AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program: Rev. #167E, Increase in Food Supplement Income Limits, Maximum Allotments, Standard Deductions, and Excess Shelter Deduction
ADOPTED RULE NUMBER: 2009-550 (Emergency)
CONCISE SUMMARY: The Department has adopted this Emergency Food Supplement Rule to immediately adjust income limits, maximum monthly allotments, and certain deductions that are used when calculating eligibility. The federal government requires Maine to begin using these new standards by October 1, or face sanctions that could threaten the ability of low income mine residents from accessing federal food supplement benefits to which they are entitled.
EFFECTIVE DATE: October 1, 2009
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011
TELEPHONE: (207) 287-7118
TTY: (800) 606-0215
E-MAIL: Karen.Curtis@Maine.gov
URL: http://www.maine.gov/dhhs/OIAS/snap/index.html