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Home > Weekly Newspaper Notices > December 23, 2009

December 23, 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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 104, Electronic Filing of Maine Tax Returns
PROPOSED RULE NUMBER: 2009-P350
CONCISE SUMMARY: Rule 104 provides comprehensive definitions and explanations of statutory terms and procedures for electronic filing of Maine tax returns. Particularly, the proposed Rule modifies the electronic filing threshold for income tax return preparers beginning in 2011 from 50 or fewer returns to 10 or fewer returns in order to coordinate with the newly enacted federal requirements for electronic filing by tax return preparers for that year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §193
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: January 29, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail:
Edward.Charbonneau@maine.gov
URL: http://www.maine.gov/revenue/
DEPARTMENT RULE-MAKING LIAISON: Domna.Giatas@Maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 601, Estate Tax
PROPOSED RULE NUMBER: 2009-P351
CONCISE SUMMARY: Rule 601 provides comprehensive definitions and explanations of statutory terms and procedures for Maine estate tax returns. Specifically, the proposed Rule is updated to conform with recent law changes as follows. The proposed Rule discusses the ongoing application of the tax, includes the prior taxable gifts in the decedent’s Maine taxable estate, updates the definition of the final federal determination, and clarifies the discharge of a personal representative personal liability for estate tax. The proposed Rule also clarifies the requirements for the release of an estate tax lien. Additional changes were made to mirror statutory language and make editorial corrections and deletions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: January 29, 2010
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail:
Edward.Charbonneau@maine.gov
URL: http://www.maine.gov/revenue/
DEPARTMENT RULE-MAKING LIAISON: Domna.Giatas@Maine.gov



AGENCY: 94-649 - The Maine Commission on Indigent Legal Services
CHAPTER NUMBER AND TITLE: Ch. 2, Standards for Qualifications of Assigned Counsel
PROPOSED RULE NUMBER: 2009-P352
CONTACT PERSON FOR THIS FILING: Ron Schneider, Bernstein Shur, PO Box 9729, Portland, ME 04104, telephone. (207) 774-1200, fax. (207) 774-1127, E-mail: rschneider@bssn.com
PUBLIC HEARING: January 8, 2010, at 1:00 pm at Judiciary Committee Hearing Room, Room 438, Augusta, Maine
COMMENT DEADLINE: January 18, 2010
BRIEF SUMMARY: This rule is required by 4 MRSA §1804(2)(B) and states the standards prescribing minimum experience, training and other qualifications for contract counsel and assigned counsel to be eligible to accept appointments from the Commission on Indigent Legal Services to represent indigent people, who are eligible for a constitutionally-required attorney.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 4 MRSA §1804(2)(B)



AGENCY: 04-056 - Department of Conservation
RULE TITLE OR SUBJECT: Ch. 3, Designated Scenic Viewpoints of State or National Significance, Located on Public Reserved Land or on a Publicly Accessible Trail Used Exclusively for Pedestrian Use, for Consideration in the Permitting of Expedited Wind Energy Development
PROPOSED RULE NUMBER: 2009-P353
CONCISE SUMMARY: This rule designates scenic viewpoints of state or national significance on Public Reserved Lands and on publicly accessible pedestrian trails. Viewpoints are designated within the wind power expedited permitting area, and within an 8 mile buffer of this area. The purpose of this rule is to determine whether an applicant for an expedited wind energy development must provide a visual impact assessment. If a wind energy development were proposed up to 3 miles from a viewpoint listed in this rule, the applicant would be required to provide a visual impact assessment, and may be required to provide one if the development were up to 8 miles. See http://www.maine.gov/doc/DraftRule/DraftScenicRule.pdf for rule draft and fact sheet.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 35-A MRSA §3457(1) (PL 2007, Ch. 661)
PUBLIC HEARING: January 12, 2010, 10am, Maine Department of Conservation, Harlow Building Room 109, Augusta
DEADLINE FOR COMMENTS: January 25, 2010
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Alan Stearns, Department of Conservation, 18 Elkins Lane, 22 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4911
FAX: (207) 287-6170
E-MAIL: Alan.Stearns@Maine.gov
URL: http://www.maine.gov/doc/



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Tax Law Valuations-2010
PROPOSED RULE NUMBER: 2009-P354
CONCISE SUMMARY: The rule fulfils the requirement that each year the State Tax Assessor determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. This rule is applicable to the 2010 tax year. A copy of the statement of the economic impact on small business to be prepared by Maine Revenue Services pursuant to 5 MRSA §8052(5-A) with respect to the proposed Rule may be obtained after the close of the comment period and prior to the adoption of the proposed Rule by contacting the Agency Contact Person listed below.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §576
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: January 29, 2010
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@maine.gov
URL: http://www.maine.gov/revenue/
DEPARTMENT RULE-MAKING LIAISON: Domna.Giatas@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch 34, Groundfish Regulations: 34.10(1)(B), Halibut regulations
PROPOSED RULE NUMBER: 2009-P357
CONCISE SUMMARY: Amendments to the halibut regulations are proposed to reduce effort and for greater conservation of the resource. Proposed changes include: a minimum size of 41 inches; a 32-inch pectoral length for head-off conversion; a single coast wide 2 month season from May 1 –June 30; lower possession limits - commercial 25 halibut per year and recreational 5 halibut per year; all halibut must be tagged whether caught in territorial or federal waters throughout the year; tags would be issued separately for halibut caught recreationally, commercially by state-only permit holders or commercially by individuals who hold a Federal multispecies permit; only one type of tag would be issued per person, per vessel, per (calendar) year; and personal use / recreational tub trawlers for halibut would be limited to 100 hooks. Because of these proposed changes, halibut tags will not be sold during the rulemaking process. For more detailed information see the web site or contact staff listed in this notice.
AGENCY CONTACT PERSONS: Togue Brawn, (207) 624-6558), or Kohl Kanwit, (207) 633-9535
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARINGS:
January 11, 2010, 6 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth
January 12, 2010, 6 p.m.*, UMM, Science Lecture Hall (Rm 102), 9 O’Brien Ave., Machias
January 14, 2010, 6 p.m.*, DMR Large Conf. Rm, 194 McKown Pt Rd, W Boothbay Harbor
*The public hearings held in Machias and West Boothbay Hbr have multiple proposed rules; in Machias a separate rulemaking for Ch. 2 will start at 4 p.m. in W Boothbay Hbr the hearings will be held in chronological order with the second hearing starting immediately upon the conclusion of the previous hearing, etc. See separate rulemaking notices for the rules not listed in this notice.
RULE TITLE OR SUBJECT: Ch. 2, Aquaculture Lease Regulations: 2.10(6) & 2.64(7)(C), Minimum Finfish Lease Site Separation (Repeal)
PROPOSED RULE NUMBER: 2009-P356
CONCISE SUMMARY: The minimum finfish lease site separation of 2,000 feet is proposed to be repealed, based on the Department’s determination that requirements for separation between sites may best be established taking into account the circumstances of the individual sites, existing fish health regulations in Ch. 24, the Bay Management Agreement of 2002 signed by all current finfish leaseholders, the advice of the Fish Health Technical Committee and lease decision criteria that require consideration of the number, density and proximity of other lease sites.
AGENCY CONTACT PERSON: Marcy Nelson, (207) 633-9502
STATUTORY AUTHORITY: 12 MRSA §6072
PUBLIC HEARING: January 12, 2010, 4 p.m.*, UMM, Science Lecture Hall (Rm 102), 9 O’Brien Ave., Machias
(In Machias a separate rulemaking for Ch 34 will start at 6 p.m., see * above.)
RULE TITLE OR SUBJECT: Ch. 34, Groundfish Regulations: 34.10(1)(B), Winter Flounder – ASMFC Compliance Limits for Recreational and Commercial Harvest
PROPOSED RULE NUMBER: 2009-P355
CONCISE SUMMARY: Winter flounder possession limits are proposed for compliance with the Atlantic States Marine Fisheries Commission Addendum I to the Interstate Fishery Management Plan for Inshore Stocks of Winter Flounder. Commercial possession by persons who do not hold a federal groundfish permit would be limited to a maximum of 250 lbs per vessel, per day. Commenter’s are asked to indicate their preference on changes to the recreational possession limits, which are proposed to be a reduction from 8 to 3 fish per person per day; or, retain the 8 fish per person per day limit and add a seasonal closure of October 1 through June 30, both dates inclusive.
RULE TITLE OR SUBJECT: Ch. 50, Spiny Dogfish and Coastal Sharks
PROPOSED RULE NUMBER: 2009-P358
CONCISE SUMMARY: In accordance with the de minimus status granted Maine by the Atlantic States Marine Fisheries Commission, Atlantic Coastal Shark Board, additional regulations on porbeagle and coastal sharks are proposed. Maine dealers purchasing porbeagle and coastal sharks would be required to obtain a federal permit; porbeagle and coastal shark species would be defined; the fishery for porbeagle shark would be closed when the National Marine Fisheries Service annual quota has been harvested; porbeagle shark harvest would be prohibited in territorial waters; and the head, fins and tails would be required to remain attached to the carcass of all shark species through landing.
AGENCY CONTACT PERSON (for Winter flounder & Shark rules): Terry Stockwell, (207) 624-6550)
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARING: January 14, 2010, 6 p.m.*, DMR Large Conf Rm, 194 McKown Pt Rd, W Boothbay Hbr
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: January 25, 2010. To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO: DMR, attn L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008. WEB SITE: www.maine.gov/dmr/rulemaking. E-mail: Laurice.Churchill@Maine.gov. 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.


ADOPTIONS


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting
ADOPTED RULE NUMBER: 2009-650
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule establishing the number of moose permits to be issued for the 20 I 0 moose hunting season. Permits will be issued for bulls and antlerless moose in each of the WMDs with permit allocations. 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 – 50 bulls
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: 2,060 bulls / 945 antlerless / 135 any-moose
EFFECTIVE DATE: December 16, 2009
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/hunting_trapping/index.htm



AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 10, Regulations Relating to Administration of Intravenous Therapy by Licensed Nurses
ADOPTED RULE NUMBER: 2009-651
CONCISE SUMMARY: Changes the drawing of blood specimens from the IV (intravenous) site to a licensed practical nursing skill.
EFFECTIVE DATE: December 21, 2009
AGENCY CONTACT PERSON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133
URL: http://www.maine.gov/boardofnursing/



AGENCY: 02-415 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), State Board of Examiners of Psychologists
CHAPTER NUMBER AND TITLE:
Ch. 3, Application, Examination and the Licensure Process (amended)
Ch. 4, Licensure of Psychologists (amended)
Ch. 8, Continuing Professional Education (amended)
ADOPTED RULE NUMBER: 2009-652 thru 654
CONCISE SUMMARY: The amendments to Ch. 3 and 8 change the board's renewal cycle from biennial licensure to annual licensure, but leave in place the current biennial reporting cycle for continuing professional education. The amendments to Ch. 4 eliminate the requirements that a psychologist who supervises a predoctoral or postdoctoral supervision program must be: (a) a full-time supervisor, and (b) located on site.
EFFECTIVE DATE: December 21, 2009
AGENCY CONTACT PERSON: Geraldine 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
URL: http://www.maine.gov/pfr/professionallicensing/professions/psychologists/index.htm
RULE-MAKING LIAISON FOR OLR: Jeffrey.M.Frankel@Maine.gov



AGENCY: 02-041 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2009-655
CONCISE SUMMARY: The adopted rule changes license fees for psychologists, psychological examiners, respiratory therapists, respiratory therapy technicians, dieticians, dietetic technicians, temporary dieticians, temporary dietetic technicians, speech-language pathologists, audiologists, combined speech-language pathologists and audiologists, temporary speech-language pathologists and audiologists and hearing aid dealers and fitters and trainee hearing aid dealers and fitters. The adopted rule reflects the replacement of the Oil and Solid Fuel Board and the Propane and Natural Gas Board by the new Maine Fuel Board, and creates a license fee for the new license category of limited wood pellet technician. The adopted rule standardizes the extended late renewal period for certified interior designers, and replaces the oral examination for psychologists with the Jurisprudence Examination.
EFFECTIVE DATE: Varies
AGENCY CONTACT PERSON: Jeffrey Frankel, OLR Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
E-MAIL: Jeffrey.M.Frankel@Maine.gov
TELEPHONE: (207) 624-8615
URL: http://www.maine.gov/pfr/professionallicensing/index.shtml



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 40, Smelt Regulations, and Ch. 55, Gear Restrictions, sections 20, 60 and 97
ADOPTED RULE NUMBER: 2009-656 and 657
CONCISE SUMMARY: Adopted amendments to the smelt regulations include: most local area restrictions have been repealed and replaced with one set of coast-wide rules; the spawning season is extended by 2 weeks, from June 15 to June 30; the year round method of take is limited to hand dip net and hook and line with no bag limit outside of the spawning season dates; and harvesters are prohibited from walking in tidal streams while fishing to protect the newly spawned smelt eggs, similar to the elver rules in 12 MRSA §6575(B)(5). Exceptions to the spawning season dates and limits on the method of take will apply to specific areas in Washington County.
CHAPTER NUMBER AND TITLE: Ch. 22, Retail Shellfish (New), & Ch. 9.01(D), Update
ADOPTED RULE NUMBER: 2009-658 and 659
CONCISE SUMMARY: Regulations for holders of an enhanced retail seafood license (ERSL) (12 MRSA §6852, sub-§2) have been adopted for traceability of shellfish via record keeping, landings reporting, temperature control, prevention of cross contamination, tag retention, non-compliance consequences, and inspection. Non-substantive changes have been added and include clarification that inspections are required; that these rules only allow the commercial shellfish harvester to take their product to the fixed or permanent facility belonging to the ERSL not to a truck or mobile facility; corrections to typos; web links and citations to the Maine Food Code added; plus clarifications to tagging, temperature control and water sources, which are duplications from the Maine Food Code but added as either reference or reinforcement of these standards from the Maine Food Code.
CHAPTER NUMBER AND TITLE: Ch. 8.20(N), Landings Program, Harvester Reporting, Lobster Harvest
ADOPTED RULE NUMBER: 2009-660
CONCISE SUMMARY: The additional reporting element “number of strings hauled” has been added to Ch. 8.20(N)(A) required of lobster harvesters. The purpose would be to improve data collected on gear configurations for use in vertical line density estimates, for the Atlantic Large Whale Take Reduction Plan, and compliance with the Atlantic Coastal Cooperative Statistics Program (ACCSP).
CHAPTER NUMBER AND TITLE: Ch. 25.09, Procedure for Issuing Seed Lobster Permits, and Ch. 25.90(A)(2) & (D)(2), citation correction
ADOPTED RULE NUMBER: 2009-661
CONCISE SUMMARY: These rules adopt administrative and logistical updates to the Seed Lobster Program regulations. Amendments include changing the program season to Jan 1 to Nov 30; disbursement of funds after Dec 1; repeals the requirement for applicants to supply an estimate; establishes an application deadline; changes the seed lobster purchase price to be based on the DMR Landings Program data collected from the previous year; plus technical clarifications in the terms and two citations in section 90 have been corrected.
CHAPTER NUMBER AND TITLE: Ch. 11.10(H)(1,2,3,8), Scallops - Technical corrections to closure line descriptions
ADOPTED RULE NUMBER: 2009-662
CONCISE SUMMARY: Clarifications have been made to the directions, for example east versus west, used to describe the lines in the recently adopted scallop closures. These are technical corrections of the rules as adopted; there are no changes to the physical locations of the lines.
CHAPTER NUMBER AND TITLE: Ch. 105, Safety Regulations
ADOPTED RULE NUMBER: 2009-663
CONCISE SUMMARY: To address the short turn around time to meet currency requirements before the up coming fishing seasons the Dept has modified the required “current non-expired” CPR and First Aid cards to begin 8-1-10 for individuals who have taken the comprehensive diver and tender safety course offered by the Southern Maine Community College through 2009 or passed the DMR approved course prior to 9-12-09. From the effective date of these regulations until 8-1-10 the requirements for proof of CPR and First Aid training regardless of when that training occurred will continue for those persons who have been licensed prior to the 2010 calendar year as a: scallop diver in accordance with 12 MRSA §6701; sea urchin diver in accordance with §6748; scallop diving tender license in accordance with §6536; or sea urchin and scallop diving tender license in accordance with §6535. In accordance with the new law, §6533, the new non-licensed tender, (§6701(5)(B), or §6748(4)(B)) and new tender license applicants (§6535) who have not held one of the licenses listed above, will be required to complete the DMR Diving Safety Course for Tenders, which requires a current (non-expired) CPR card and a current (non-expired) First Aid card (or equivalent) from the effective date of these regulations, and will be required to present their current (non-expired) cards upon demand by Marine Patrol.
CHAPTER NUMBER AND TITLE: Ch. 1 Watercraft Excise Tax Decal
ADOPTED RULE NUMBER: 2009-664
CONCISE SUMMARY: The adopted amendments in Ch. 1 update the statutory references and repeal outdated text.
CHAPTER NUMBER AND TITLE: Ch. 45.05(1)(A)(2), Shrimp Season, 2009– 2010
ADOPTED RULE NUMBER: 2009-665
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2009– 2010 shrimp season. The season takes place from December 1, 2009 through May 29, 2010. The season for the harvest of shrimp by trawl and by trap has the same dates.
CHAPTER NUMBER AND TITLE: Ch. 29, Seaweed, and Ch. 8, Landings Program – amend for Seaweed Buyer’s surcharge rules
ADOPTED RULE NUMBER: 2009-666 and 667
CONCISE SUMMARY: The adopted rules establish an annual seaweed buyer’s surcharge of $1.50 per wet ton to be paid by persons who hold a seaweed buyer’s license, in accordance with 12 MRS §6803-A and B and P.L. 2009 Ch. 283. The surcharge would be applicable state-wide to persons who purchase more than 10 wet tons annually directly from seaweed harvesters who hold a seaweed permit pursuant to 12 MRSA §6803 and are required to hold a seaweed buyer’s license in accordance with 12 MRSA §6803-A.
EFFECTIVE DATE: December 21, 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
URL: http://www.maine.gov/dmr/index.htm



AGENCY: 19-100 - Department of Economic & Community Development
CHAPTER NUMBER AND TITLE: Ch. 1, Municipal and State Tax Increment Financing
ADOPTED RULE NUMBER: 2009-668
CONCISE SUMMARY: To amend the existing Municipal and State Tax Increment Financing Rule to align with current statute. The changes eliminate procedures and requirements no longer in effect and clarify administrative procedures and criteria for designation. All other sections and eligibility requirements remain unchanged.
EFFECTIVE DATE: December 22, 2009
AGENCY CONTACT PERSON: Brian S. Hodges, Director of Tax Incentive Programs, Department of Economic & Community Development, 59 State House Station, Augusta, ME 04333. Telephone: (207) 624-7415. E-mail: Brian.Hodges@Maine.gov
URL: http://www.econdevmaine.com/



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 3, Ambulatory Care Clinic Services
ADOPTED RULE NUMBER: 2009-669
CONCISE SUMMARY: These final rules achieve a number of goals:
1. permanently adopt emergency rules currently in place which allow for the administration of H1N1 and seasonal flu vaccines by Ambulatory Care Clinic providers, schools and Home Health Agencies;
2. adopt new, HIPAA compliant billing codes to take effect when MaineCare’s new claims system, MIHMS, goes live;
3. remove reference to 2 sub-specialties that no longer have enrolled providers; and
4. other, minor grammatical changes.
This rulemaking has no adverse impact on small businesses employing fewer than twenty employees.
See http://www.maine.gov/dhhs/oms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 22, 2009
AGENCY CONTACT PERSON: Derrick Grant, Health Planner, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6427. E-mail: Derrick.Grant@Maine.gov
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
URL: http://www.maine.gov/dhhs/oms/