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Home > Weekly Notices > September 8, 2010

September 8, 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 80 (New), Commercial Pelagic and Anadromous Fishing License; also affects the following rules:
Ch. 8.20, Harvester Reporting, repeal sections (G) Whiting, (H) Herring, (K) Bait gillnet, and (M) Spiny dogfish;
Ch. 8.20(P), Pelagic and Anadromous Fishing Harvest & (Q), IVR Herring Harvester;
Ch. 34.10(1)(B)(4)(c), Whiting/silver hake (Merluccius bilinearis) Commercial Effort Restrictions;
Ch. 36.01(B)(2) & (3), Harvester Permit. IVR Herring Harvester Permit;
Ch. 50.03(A)&(B), Spiny Dogfish Endorsement for Harvesters and Dealers, License for Harvesters, Reporting Requirements and Quota;
Ch. 55.04, Maine Gillnet Bait Fishing Regulations;
Ch. 55.06(A)&(B), Fish Passage regulations; and
Ch. 75.03(A)(1)(d), Protected Resources, Gillnet Gear Restrictions
PROPOSED RULE NUMBER: 2010-P214 thru P220
CONCISE SUMMARY: As established recently by a new law, the proposed regulations would finalize the new Commercial Pelagic and Anadromous fishing license which removes a subset of species from the commercial fishing license, specifically: Atlantic herring, Atlantic menhaden, whiting, spiny dogfish, alewife, Atlantic mackerel, blueback herring, squid, butterfish, scup, black sea bass, smelt and shad. The new license includes a research surcharge to be used for the collection of data on these species to support the sustainable harvest and quota management plans necessary for compliance with respective ASMFC Interstate Fisheries Management Plans. The rules would also improve the reporting standards for consistency with the Atlantic Coastal Cooperative Statistics Program.
AGENCY CONTACT PERSON: Heidi Bray. Telephone: (207) 633-9504
STATUTORY AUTHORITY: 12 M.R.S. §6171 and §6502-A
PUBLIC HEARINGS:
Sept. 27, 2010, 6pm, Scarborough Municipal Bldg, Chamber B, 258 Route 1, Scarborough;
Sept. 28, 2010, 6pm, DMR Large Conf. Rm., 194 McKown Pt Rd, West Boothbay Harbor; and
Sept. 29, 2010, 6pm, Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: October 9, 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. WEBSITE: www.maine.gov/dmr/rulemaking .E-mail: Laurice.Churchill@Maine.gov . Fax: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing).



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 104, Electronic Filing of Maine Tax Returns
PROPOSED RULE NUMBER: 2010-P221
CONCISE SUMMARY: Rule 104 provides comprehensive definitions and explanations of statutory terms and procedures for electronic filing of Maine tax returns. The proposed Rule clarifies the timing and filing requirements for sales tax returns in Section .03. The definition of “electronic filing” is amended and additional edits are made throughout the Rule.
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: October 12, 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 .
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov



AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 161, Purchase and Storage of Hazardous Chemicals
PROPOSED RULE NUMBER: 2010-P222
CONTACT PERSON FOR THIS FILING: Pat Hinckley, School Facilities Services, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6886. E-mail: Pat.Hinckley@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different): N/A
PUBLIC HEARING: September 28, 2010, 10 a.m. to noon, Cross State Office Building, Room 103, Augusta, ME.
COMMENT DEADLINE: October 8, 2010
BRIEF SUMMARY: In 1991, Ch. 161 established standards for the purchase and storage of hazardous chemicals in all public schools of the state. The Maine Department of Education seeks to update this long standing Rule so that it is in agreement with adopted federal Rules (29 CFR 1910.1200 and 1910.1450) and sustainable chemistry practices.
DETAILED BASIS STATEMENT / SUMMARY: This revision seeks to update a long standing Rule. In 1991, Ch. 161 established standards for the purchase and storage of hazardous chemicals in all public schools of the state. Federal regulations, 29 CFR 1910.1200 and 1910.1450, governing hazard chemical communication and laboratory-specific chemicals have been adopted by the Maine Department of Labor and apply to schools. The changes to Ch. 161 reflect standards that are in line with federal regulations and sustainable chemistry practices. The changes:
1. add references to the federal definitions of hazardous chemical, health hazard, and Material Safety Data Sheets to achieve consistency between state and federal rules,
2. remove definition references under health hazard that are included in the federal rules to achieve consistency between state and federal rules,
3. expand the definition of Material Safety Data Sheet to clarify interpretation
4. remove the two year use and shelf life purchase requirement; replace with smallest quantity that can be purchased as needed for one school year. Focusing on prevention, this keeps the amount of chemicals in schools as small as practical, allows schools to keep small quantities of chemicals up to the date of expiration and uses the U.S. Environmental Protection Agency one year purchase cycle to clarify interpretation and advance source reduction and waste prevention,
5. change the recipient of hazardous chemicals inventory list from the Maine Department of Labor to the Maine Department of Education to reflect adoption of 29 CFR 1910.1200 and 1945.1200,
6. add unknown to the description of chemical waste to clarify interpretation,
7. identify the frequency of the school chemical disposal/clean out cycle as annual to clarify interpretation and sustain proper chemical disposal,
8. update the reference to the state hazardous waste law to achieve consistency
9. remove the quantity of hazardous chemicals storage period as chemical disposal is required by expiration date and to clarify interpretation and advance source reduction and waste prevention,
10. insert the word chemical to clarify the type of compatibility classification,
11. identify minimum chemical label content to foster chemical hazard prevention,
12. identify the meaning of secure storage as locked to clarify interpretation,
13. identify the meaning of trained personnel as personnel trained in chemical safety to clarify interpretation, and
14. include general language simplification and clarification.
In sum, these changes are updates designed to reduce negative environmental impact through source reduction and proper disposal to create safer and healthier school environments while at the same time making the chemical purchase and storage process easier to interpret.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any)
STATUTORY AUTHORITY FOR THIS RULE: Title 20-A, 4003-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DOE WEBSITE: http://www.maine.gov/education/index.shtml
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Greg.Scott@Maine.gov



AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 701, Rules Governing Animal Welfare, Section VIII: The Spay/Neuter Reimbursement Program
PROPOSED RULE NUMBER: 2010-P223
CONTACT PERSON FOR THIS FILING: Norma J. Worley, Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-5531. E-mail: Norma.J.Worley@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None
COMMENT DEADLINE: October 8, 2010
BRIEF SUMMARY: The proposed amendment will reduce the holding period requirement before a shelter can surgically alter stray cats. The current holding period is six (6) days which will be reduced to 48 hours which is consistent with Title 7 MRS §3919 – Seizure of stray cats.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 7 M.R.S. §3906-B. Section 10
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/agriculture/aw/index.html
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 702, Rules for the Low Income Spay/Neuter Program
PROPOSED RULE NUMBER: 2010-P224
CONTACT PERSON FOR THIS FILING: Norma J. Worley, Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-5531. E-mail: Norma.J.Worley@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None
COMMENT DEADLINE: October 8, 2010
BRIEF SUMMARY: These proposed amendments to the current Rule for the low-income spay/neuter program will re-define the eligibility requirements for participation in the program and program administration and performance contained in the current Rules.
DETAILED BASIS STATEMENT / SUMMARY: These proposed amendments will amend the current Rules and establish a more efficient method to meet the public needs. The changes, corrections and additions are listed below:
* Adds the definition of a “feral cat” where none existed.
* It will clarify eligibility standards by removing current language which requires that the owner be on specified public assist programs to simply having a household income of less than 133% of the federal poverty income level.
* It will allow the Commissioner to determine what public assistance program, if any will be used to establish eligibility requirements.
* It will clarify what dogs and cats are not eligibility for the participation in the program.
* It makes changes to the Program Administration by:
1. The program can be administrated either by the Department or an organization or and individual contracted by the Commissioner.
2. If the program is contracted to an organization or individual, the Commissioner shall deposit all funds into the Companion Animal Sterilization Fund.
3. The contracted organization or the individual shall submit financial reports every thirty (30) days to the Commissioner. This report shall include but not limited to the number of vouchers issued; number of animals altered; eligibility of owners and confirmation of such; and veterinarian reimbursement.
* It will allow the Director of the Animal Welfare Program and/or Administrator the ability to the appropriate the available funds to one or both species in order to control the overpopulation of one species.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: Title 7 §3910-B, Companion Animal Sterilization Fund
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/agriculture/aw/index.html
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Eligibility Manual - Permanently Adopt Rule #254E: Increase Personal Needs Allowance for Home and Community Based Support Services Waiver (Part 13, Section 6.1, II); Exempt Alaska Natives and Native American Indians who are Members of a Federally Recognized Tribe from Premiums to Participate in SSI-Related Katie Beckett Coverage (Part 7, Section 5.2); Technical Revisions and Clarifications to Parts 2, 3, 8 and 17, Appendix J, and Chart 3.10
PROPOSED RULE NUMBER: 2010-P225
CONCISE SUMMARY: The Home and Community Based Support Services Waiver provides work support and other services to help people live independently. People who are eligible for services under this waiver program will be allowed a Personal Needs Allowance equal to 200% of the Federal Poverty Level. The increase in the Personal Needs Allowance means that clients will keep more of their income for personal needs. Clients will pay less for the services they get under the waiver program. The Support Services Waiver program is for people age 18 or older with intellectual disabilities or autistic disorders, who meet the ICF-MR level of care.
Children who are Alaska Natives or Native American Indians who are members of a Federally recognized Tribe are exempt from being assessed a monthly premium to participate in Katie Beckett coverage. This rule clarifies this exemption. Katie Beckett coverage is an SSI-Related MaineCare coverage group for children with disabilities, age 18 or younger, who reside in the community and are in need of in-patient care provided by a medical institution.
The proposed rule also makes non-substantive revisions and clarifications to Parts 2, 3, 8 and 17, Appendix J, and Chart 3.10.
This rule will have no effect on the administrative burdens of small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Section 1915(c) of the Social Security Act; 22 MRSA §3173 and §3174; Social Security Act Sections 1916 and 1916A [42 USC §1396o and §1396o-1], as amended by the American Recovery and Reinvestment Act of 2009, PL 111-5 (Section 5006); Social Security Act Section 1903 [42 USC §1396b], as amended by Section 211 of the Children’s Health Insurance Program Reauthorization Act, PL 111-5; Social Security Act Sections 1925 and 1931; Social Security Act Sections 1902(a)(10)(A)(ii)(IX) [42 USC §1396a] and 1902(l)(1) and (2); Social Security Act Sections 1902 (a)(10)(E)(ii) [42 USC §1396a] and 1905(a) and (s) [42 USC §1396d]; Social Security POMS SI 00830.537(B); Social Security Act Section 1115
PUBLIC HEARING: None scheduled unless requested by 5 or more people
DEADLINE FOR COMMENTS: October 8, 2010
AGENCY CONTACT PERSON Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive. Augusta, Maine 04333-0011. Telephone: (207) 287-4076. TTY: (800)-606-0215 (Deaf/Hard of Hearing). E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov



AGENCY: 99-650 - Mixed Martial Arts Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 1-12, Rules for Mixed Martial Arts Competitions
PROPOSED RULE NUMBER: 2010-P226 thru P237
CONTACT PERSON FOR THIS FILING: William H Bouffard, Chairman of the Mixed Martial Arts Authority of Maine, P.O. Box 10525, Portland, Maine 04104. Telephone: (207) 712-4395. E-mail: Billybouf@yahoo.com .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: September 27, 2010 at 9:00 a.m. - 12:00 p.m. in room 208 of the Burton Cross Building, 111 Sewall Street, Augusta, Maine 04333
COMMENT DEADLINE: October 7, 2010 at 5:00 p.m.
BRIEF SUMMARY: The impetus for the proposed rules was Public law 2009 Ch. 352, which establishes the Mixed Martial Arts Authority of Maine to regulate and promote mixed martial arts competitions, exhibitions and events. This is a rule making proceeding of the Mixed Martial Arts Authority of Maine to adopt new rules as required by Title 8 MRSA §523 relating to Mixed Martial Arts competitions/contests, including but not limited to rules designed to protect the health and safety of authorized participants and the integrity of the competition.
The proposed rules pertain to: Technical Requirements; Judging/Refereeing; Promoters; Competitors; Manager and Seconds; Ringside Physicians; Inspectors; Timekeepers; and, Fees.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THE RULES: 8 MRSA §§ 521 - 532
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


ADOPTIONS



AGENCY: 95-592 – Small Enterprise Growth Board (via Finance Authority of Maine)
CHAPTER NUMBER AND TITLE: Ch. 701, Small Enterprise Growth Program, Amendment 6
ADOPTED RULE NUMBER: 2010-388
CONCISE SUMMARY: The rule amendment adds provisions to allow the Board to establish and maintain so-called “Side Funds” from sources other than State appropriations, which would be a more flexible investment vehicle than the Small Enterprise Growth Fund. The ability to establish and manage these side funds was added by PL 2010, Ch. 475.
EFFECTIVE DATE: September 7, 2010
AGENCY CONTACT PERSON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332-0949. Telephone: (800) 228-3734. E-mail: CRoney@famemaine.com
WEBSITE: http://www.segfmaine.com/