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Home > Weekly Notices > March 24, 2010

March 24 , 2010

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: 01-001 - Maine Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. (New), Proposed Rules for the Operation of Commercial Large Game Shooting Areas
PROPOSED RULE NUMBER: 2010-P58
CONCISE SUMMARY: The purpose of this rule is to provide standards for the operation of commercial large game shooting areas (LGSA). Additionally, the rule proposes a process for the Department to allocate a new LGSA license and to allocate a license if a current LGSA licensee surrenders his or her license.
STATUTORY AUTHORITY: Title 7 MRSA Ch. 202-A, §§ 1341-1347
RULE TITLE OR SUBJECT: Ch. 206, Rules Governing the Prevention and Control of Certain Diseases in Domestic Animals
PROPOSED RULE NUMBER: 2010-P59
CONCISE SUMMARY: The Department is proposing to repeal the cervids importation embargo which was enacted in June 2002. All other New England states as well as many other states also enacted similar embargos when chronic wasting disease (CWD) was detected in Wisconsin that year. In the past seven years, many states including Maine have implemented mandatory CWD surveillance programs in captive deer and elk farms and in commercial large game shooting areas. Many states including Maine have also established CWD certification programs for captive deer and elk farms and commercial large game shooting areas. Maine has conducted extensive active surveillance every year since 2002 in both farmed cervids and in wild white tailed deer and thus far, we have not detected CWD in either the farmed cervid population or in our white tailed deer herd. Many states have now lifted embargos which were placed in 2002 and have put in place strict rules to allow importation of cervids from CWD certified herds. In fact, during the past several years, some deer and elk from Maine have been exported to a number of these states. The Department feels that the time is right to repeal the embargo and is therefore proposing to amend Chapter 206, Rules Governing the Prevention and Control of Certain Diseases in Domestic Animals and Poultry, to enact new rules for the importation of cervids into Maine. These proposed rules would place new CWD certification requirements for any cervid importation into the state. The Department believes that the repeal of the embargo coupled with the adoption of strict new CWD importation standards will be sufficient to assure the continued CWD-free status of Maine while at the same time allowing limited commerce for the state’s deer and elk farmers and commercial large game shooting area operators.
In addition to the new cervid importation requirement, the Department is proposing several other changes to these rules including: changing the equine infectious anemia negative test requirement for importation of horses and other equines into Maine from 180 days to 12 months to make the rule consistent with the law which was changed several years ago; requiring official permanent identification of sheep and goats being imported into the state to assure consistency with the USDA’s National Scrapie Eradication Program; adding several new diseases to the reportable disease list; requiring that ferrets imported for resale be vaccinated for rabies; and several other minor editorial changes.
STATUTORY AUTHORITY: 7 MRSA §1752 and §1812
RULE TITLE OR SUBJECT: Ch. 221, Cervids Importation Embargo
PROPOSED RULE NUMBER: 2010-P60
CONCISE SUMMARY: The Department is proposing to repeal the cervids importation embargo which was enacted in June 2002. All other New England states as well as many other states also enacted similar embargos when chronic wasting disease (CWD) was detected in Wisconsin that year. In the past seven years, many states including Maine have implemented mandatory CWD surveillance programs in captive deer and elk farms and in commercial large game shooting areas. Many states including Maine have also established CWD certification programs for captive deer and elk farms and commercial large game shooting areas. Maine has conducted extensive active surveillance every year since 2002 in both farmed cervids and in wild white tailed deer and thus far, we have not detected CWD in either the farmed cervid population or in our white tailed deer herd. Many states have now lifted embargos which were placed in 2002 and have put in place strict rules to allow importation of cervids from CWD certified herds. In fact, during the past several years, some deer and elk from Maine have been exported to a number of these states. The Department feels that the time is right to repeal the embargo and is therefore also proposing to amend Chapter 206, Rules Governing the Prevention and Control of Certain Diseases in Domestic Animals and Poultry, to enact new rules for the importation of cervids into Maine. These proposed rules would place new CWD certification requirements for any cervid importation into the state. The Department believes that the repeal of the embargo coupled with the adoption of new CWD importation standards will be sufficient to assure the continued CWD-free status of Maine while at the same time allowing limited commerce for the state’s deer and elk farmers and commercial large game shooting area operators.
STATUTORY AUTHORITY: 7 MRSA §1753
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: April 14, 2010, 10:00 a.m., Deering Building, Room 233, Maine Dept. of Agriculture, 90 Blossom Lane, Augusta, Maine 04333
DEADLINE FOR COMMENTS: April 24, 2010
AGENCY CONTACT PERSON: Dr. Don Hoenig, Maine Department of Agriculture, 28 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3701. E-mail: Donald.E.Hoenig@Maine.gov
URL: http://www.maine.gov/agriculture/index.shtml
DEPARTMENTAL RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 12-152 - Department of Labor (DOL), Bureau of Rehabilitation Services
CHAPTER NUMBER AND TITLE:
Ch. 5, Head Injury Extended Support Program
Ch. 6, Basic Extended Support Program
PROPOSED RULE NUMBERS: 2010-P61 and P62
CONTACT PERSON FOR THIS FILING: Elizabeth Hopkins, Division of Vocational Rehabilitation, 45 Commerce Street, 150 State House Station, Augusta, ME 04333-0150. Telephone: (207) 623-6745. Fax: (207) 287-5292. E-mail: Elizabeth.Hopkins@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: Public hearings will be held on Thursday, April 15th from 1:30 p.m. to 3:30 p.m. at the Department of Labor, 45 Commerce Drive Augusta Maine. The hearing will be facilitated in the Frances Perkins Conference Room, with video conferencing connection to the Bangor Career Center, in the Penobscot Conference Room, 45 Oak Street, Suite 1, Bangor. There will be American Sign Language interpreters available at the Augusta and Bangor sites. The proposed rules are available in alternative formats. Individuals with disabilities may request auxiliary aids and services or an accommodation by contacting Alice Johnson – Tel: (207) 623-7964, TTY: (888)755-0023, or Alice.C.Johnson@Maine.gov. Requests for accommodation should be made as soon as possible.
COMMENT DEADLINE: April 25, 2010
BRIEF SUMMARY:
Ch. 5: Changes; the name from Head Injury to Brain Injury Extended Support Program, updating language to person first, appeals process made consistent with Ch. 1, DVR Rules and reference to Head Injury Board removed as this entity does not exist.
Ch. 6: Changes; updating language to person first, appeals process made consistent with Ch. 1, DVR Rules, inclusion of case management service description and increasing annual services funding cap from $2000 to $3000.
DETAILED BASIS STATEMENT / SUMMARY:
Public hearings will be held on Thursday, April 15th from 1:30 p.m. to 3:30 p.m. at the Department of Labor, 45 Commerce Drive Augusta Maine. The hearing will be facilitated in the Frances Perkins Conference Room, with video conferencing connection to the Bangor Career Center, in the Penobscot Conference Room, 45 Oak Street, Suite 1, Bangor.
There will be American Sign Language interpreters available at the Augusta and Bangor sites. The proposed rules are available in alternative formats. Individuals with disabilities may request auxiliary aids and services or an accommodation by contacting Alice Johnson – Tel: (207) 623-7964, TTY: (888) 755-0023, or Alice.C.Johnson@Maine.gov . Requests for accommodation should be made as soon as possible.
Electronic copies of both rules will be available on the BRS Website http://www.maine.gov/rehab/ under the What’s New section on April 5, 2010 or by contacting Alice Johnson.
DETAILED STATEMENT :
Ch. 5: Head Injury Extended Support Program
1. Changes name from Head Injury to Brain Injury Extended Support Program, the term used by individuals who have sustained a brain injury and clinicians.
2. Updating the language in the rule to reflect person first usage thereby identifying the individual as a person not by their disability.
3. Appeals process is made consistent with Chapter 1, DVR Rules. The goal of the Bureau of Rehabilitation Services is to have all rules reflect the same appeal process.
4. Reference to the Head Injury Extended Support Program Advisory Program council has been removed as this council no longer exists. The major functions of the Council are now under the auspices of the Acquired Brain Injury Advisory Council with the Department of Health and Human Services.
Ch. 6: Basic Extended Support Program
1. Updating the language in the rule to reflect person first usage thereby identifying the individual as a person not by their disability.
2. Appeals process is made consistent with Chapter 1, DVR Rules. The goal of the Bureau of Rehabilitation Services is to have all rules reflect the same appeal process.
3. Case management service description has been included so both the Extended Support programs (Basic and Brain Injury) service descriptions are the same.
4. The annual services funding cap per person is being increased from $2000 to $3000. This amount has not been increased since 1996 and reflects the increasing cost of service provision.
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THESE RULES: Title 26 MRSA Ch. 19 Sub-ch. 2, Article 1
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
URL: http://www.maine.gov/rehab/
DOL RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov



AGENCY: 18-364 - Maine State Liquor & Lottery Commission
RULE TITLE OR SUBJECT: Ch. 4, Mega Millions Rules
PROPOSED RULE NUMBER: 2010-P63
CONCISE SUMMARY: This rule establishes the procedures for the operation of the multi-jurisdictional lottery game Mega Millions in Maine, including any marketing and promotions with other jurisdictions as required by the Multi State Lottery Association. The effective date of this rule is May 5, 2010.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA §374
PUBLIC HEARING: No Public Hearing
DEADLINE FOR COMMENTS: April 24, 2010
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Dan A. Gwadosky, Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 043330008. Telephone: (207) 287-6756. Fax: (207) 287-6769. E-mail: Dan.Gwadosky@Maine.gov
URL: http://www.mainelottery.com/


ADOPTIONS



AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 181, Child Development Services System: Regional Provider Advisory Boards
ADOPTED RULE NUMBER: 2010-82
CONCISE SUMMARY: Repeal of regulation that has no underlying statutory requirement.
CHAPTER NUMBER AND TITLE: Ch. 182, Formula for Distribution of Funds to Child Development Services Regional Sites
ADOPTED RULE NUMBER: 2010-83
CONCISE SUMMARY: The Department is proposing to repeal Chapter 182, Formula for Distribution of Funds to Child Development Services Regional Sites. The revised statute for the Child Development Services within the Department of Education articulates a centralized statewide salary and benefits system, statewide salary and benefits administration system with payroll functions on the state level, collective bargaining, centralized fiscal administration to be implemented by September 1, 2006, centralized data management system by July 1, 2007, standardized template for regional site contracts, refine accountability standards for compliance with federal standards, statewide plan for professional development. Most of the requirements contained in the old regulation are no longer implementable given the statutory changes to the CDS System and the federal monitoring requirements.
The State IEU working collaboratively with a representative group of CDS site directors developed an allocation methodology for the regional sites that addresses the funds that they will get each year that will be paid by the State IEU.
EFFECTIVE DATE: April 14, 2010
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. Cell: (207) 215-3003. E-mail: Jaci.Holmes@Maine.gov
URL: http://www.maine.gov/education/index.shtml
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov



AGENCY: 12-597 - Maine Department of Labor (DOL), Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 2, The Competitive Skills Scholarship Program
ADOPTED RULE NUMBER: 2010-84
CONCISE SUMMARY: The proposed changes to the rule respond to the continued overwhelming demand for CSSP and a need for further clarification in specific sections. The proposed changes remove the option for mileage reimbursement if a participant travels less than 10 miles each way to and from school and childcare pick-up and drop-off, reduce the financial limit for the purchase of computer and remove the option of a stipend when a participant is enrolled in less than 6 credit hours of courses and when a participant’s room and board is already provided for.
EFFECTIVE DATE: March 22, 2010
AGENCY CONTACT PERSON: Auta Main, Maine Department of Labor, 55 State House Station, Augusta, ME 04333. Telephone: (207) 623-7975. E-mail: Auta.M.Main@Maine.gov
URL: http://www.maine.gov/labor/
DOL RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov



AGENCY: 14-191 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 10, Rules for Initiating Competitive Bids for Existing Departmental Services
ADOPTED RULE NUMBER: 2010-85
CONCISE SUMMARY: This rule is being repealed because the enabling statute (34-B MRSA §1208(6)) has been repealed.
EFFECTIVE DATE: March 23, 2010
AGENCY CONTACT PERSON: Stephen Turner, Director, Division of Purchased Services, Department of Health and Human Services, 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-3774. E-mail: Stephen.Turner@Maine.gov
URL: http://www.maine.gov/dhhs/rate_setting.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 17-229 - Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 220 (New), Relocating Utility Facilities Underground in Federally Designated Historic Districts on Federal-Aid Highways
ADOPTED RULE NUMBER: 2010-86
CONCISE SUMMARY: Legislation passed in 2005 (23 MRSA §4210-A; 23 MRSA §52) authorized the Department to use federal funds to help finance the underground relocation of utilities in National Register Historic Districts.
This Chapter establishes rules and procedures for the administration of a program of reimbursement for the underground relocation of existing overhead utility facilities in Federally designated historic districts where utility relocation is caused by a Federal-aid highway project on a highway that is part of the National Highway System and where underground utility relocation is requested for the benefit of a National Register Highway District.
EFFECTIVE DATE: March 24, 2010
AGENCY CONTACT PERSON: Theresa Savoy, Maine Department of Transportation, 16 State House Station, Augusta, ME 04333. Telephone: (207)624-3042. E-mail: Theresa.Savoy@Maine.gov .
URL: http://www.maine.gov/mdot/