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Home > Weekly Notices > December 15, 2010

December 15, 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: 02-392 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Regulation (OLR), Maine Board of Pharmacy
CHAPTER NUMBER AND TITLE: Ch. 34, Licensure of Retail Suppliers of Medical Oxygen and Prescription Devices
PROPOSED RULE NUMBER: 2010-P329
CONTACT PERSON FOR THIS FILING: Geraldine Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME. Telephone: (207) 624-8615. E-mail: Geraldine.L.Betts@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same
PUBLIC HEARING: January 6, 2011, 9:00 a.m., Department of Professional and Financial Regulation, 76 Northern Avenue, Gardiner, Maine
COMMENT DEADLINE: January 18, 2011
BRIEF SUMMARY: This chapter requires retail suppliers of medical oxygen and prescription devices to apply for and obtain a new type of limited retail pharmacy license from the board. The board adopted this rule on an emergency basis on November 15, 2010; the board now proposes to adopt the rule on a permanent basis. The proposed rule may be downloaded from OLR's web site at www.maine.gov/professionallicensingor obtained from the agency contact person. The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
The rule describes the purchase, dispensing and delivery records to be created by licensees, provides a 3 year period for retention of records, and requires compliance with current good manufacturing practices prescribed by federal rule. The rule does not require licensees to hire a pharmacist. The retail supplier of medical oxygen and prescription devices license is necessary to ensure that prescriptions for oxygen and prescription medical devices are accurately filled, that records of sale are available to the board in case of an adverse medical event, and that federal and state laws and rules relating to labeling and purity are complied with.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §§ 13720, 13721(l)(E), 13722, 13723, 13751(3), 13752, 13752-A, 13743
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 21 USC §§ 321(h) and 353(b) (federal Food, Drug and Cosmetics Act); 21 CFR §§ 10.90, 801.109 & 801.110; 21 CFR Part 820 (implementing rules for Food, Drug and Cosmetic Act)
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/pharmacy/index.htm
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov



AGENCY: 01-001 - Maine Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 2010-P330
CONCISE SUMMARY: The principal reason for this rule-making is to amend the cost of administering the Maine Milk Pool.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §3154(2)
PUBLIC HEARING: January 6, 2011, Thursday, starting at 9:00 a.m., Room 227, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: January 20, 2011, Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml
AGRICULTURE RULE-MAKING LIAISON: Ned.R.Porter@Maine.gov



AGENCY: 12-170 – Department of Labor (DOL), Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 17, Rules Regarding Proof of Ownership by Employers Employing Foreign Laborers to Operate Logging Equipment
PROPOSED RULE NUMBER: 2010-P331
CONCISE SUMMARY: The purpose of this chapter is to repeal Ch. 17 which was made obsolete with the passage of extensive changes to the underlying law.
THIS RULE WILL NOT HAVE A FISCAL IMP ACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §872
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: January 28, 2011
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333-0045. Telephone: (207) 623-7931. E-MAIL: William.A.Peabody@Maine.gov .
WEBSITE: http://www.maine.gov/labor/bls/
DOL RULE-MAKING LIAISON: Adam.C.Fisher@Maine.gov



AGENCY: 04-061 – Department of Conservation, Maine Land Use Regulation Commission
CHAPTER NUMBER AND TITLE:
Ch. 4, Rules of Practice: Proposed Changes, and
Ch. 10, Land Use Districts and Standards: Proposed Miscellaneous Rule Correction; Proposed Rule Changes Regarding Wind Energy Projects; and Proposed Rule Changes for Land Use Activities in Flood Prone Areas
PROPOSED RULE NUMBERS: 2010-P332, P333
CONTACT PERSON FOR THIS FILING: Susan Burns, Maine Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2631. TTY: (888) 577-6690. E-mail: Susan.Burns@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None. A 30-day public comment period will be held for all rules listed below.
COMMENT DEADLINE: Tuesday, January 18, 2011 for all rules listed below. The Land Use Regulation Commission is seeking public comment on proposed rule changes to Ch. 4, Rules of Practice, and three sets of proposed rule changes to Ch. 10, Land Use Districts and Standards.
BRIEF SUMMARY:
PROPOSED CHANGES: The proposed changes of Ch. 4, Rules of Practice, revise language pertaining to demonstration of adequate title, right, or interest (TRI) for applications, determination of application completeness, and timeframes for processing certain types of applications.
Proposed miscellaneous rule change to Ch. 10 revises 10.23,I, the Recreation Protection (P-RR) Subdistrict, is to correct an error inadvertently made in the P-RR land use listings in the miscellaneous rule revisions adopted by the Commission September 1, 2010.
Proposed rule changes regarding wind energy projects: Public Law 2009, Ch. 615 requires that the Land Use Regulation Commission amend its rules to list offshore wind power projects and community-based offshore wind energy projects as uses requiring a permit in all subdistricts. The legislation also amends the review criteria that apply to community-based offshore wind energy projects. The proposed wind project rules incorporate the amendments to subdistrict use listings and the review criteria.
Proposed changes for activities in flood prone areas revise many sections of Ch. 10. The amendments will make the rules more consistent with the Federal Emergency Management Agency’s National Flood Insurance Program requirements.
DETAILED BASIS STATEMENT / SUMMARY:
CHAPTER 4, RULES OF PRACTICE: PROPOSED CHANGES
Ch. 4, Rules of Practice, apply to procedures of the Land Use Regulation Commission including the adoption and amendment of rules, land use standards and district boundaries, and the processing of all applications made to the Commission. The proposed changes to the Rules of Practice revise language pertaining to demonstration of adequate title, right, or interest (TRI) for applications, determination of application completeness, timeframes for processing certain types of applications, and notice requirements for permit applications in conformance with the Administrative Procedure Act. The proposed changes regarding determination of completeness set up a bifurcated completeness determination to distinguish between expedited wind energy projects and all other applications. Unlike routine permit applications, applications for expedited wind energy developments must follow an entirely different system with established statutory deadlines including an ability to pause in the substantive review at the applicant’s request. The draft language also establishes a process that would give the Commission the option to accept revised information during application review and set a new completeness date for applications with material amendments or applications requiring new or supplemental review.
CHAPTER 10, LAND USE DISTRICTS AND STANDARDS:
PROPOSED MISCELLANEOUS RULE CORRECTION:
The proposed miscellaneous rule change to Ch. 10, Land Use Districts and Standards, revises 10.23,I, the Recreation Protection (P-RR) Subdistrict, to correct an error inadvertently made in the P-RR land use listings in the miscellaneous rule revisions adopted by the Commission September 1, 2010. The proposed revision will make the rules consistent with past guidance and practice.
PROPOSED RULE CHANGES REGARDING WIND ENERGY PROJECTS:
Public Law 2009, Ch. 615, An Act to Implement the Recommendations of the Governor’s Ocean Energy Task Force, was passed in the last session of the Legislature as emergency legislation and took effect April 7, 2010. The Act requires that the Land Use Regulation Commission amend its Ch. 10 rules to list offshore wind power projects and community-based offshore wind energy projects as uses requiring a permit in all subdistricts. The Act also amends the review criteria that apply to community-based offshore wind energy projects. The proposed wind project rules incorporate the required amendments to subdistrict use listings as well as the changes to the review criteria.
PROPOSED RULE CHANGES FOR LAND USE ACTIVITIES IN FLOOD PRONE AREAS.
The proposed changes for activities in flood prone areas revise many sections of Ch. 10, Land Use Districts and Standards. The amendments will make the rules more consistent with the Federal Emergency Management Agency’s National Flood Insurance Program requirements. The proposal adds definitions of “substantial damage” and “substantial improvement” to Section 10.02 Definitions and contains other revisions that affect Section 10.07 Exemptions, Section 10.10 Variances, Section 10.11 Nonconforming Uses and Structures, 10.17 Expiration of Permit, and 10.23,C Flood Prone Area Protection Subdistrict. The term “substantial improvement” replaces the phrase “other than normal maintenance and repair” throughout Section 10.25,T Development Standards for Activities in Flood Prone Areas, as appropriate.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THESE RULES: 12 MRSA §684; §685-A, 3, 7-A and 8-B; and §685-C, 5
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Public Law 2009, Ch. 615, An Act to Implement the Recommendations of the Governor’s Ocean Energy Task Force (proposed rules for wind energy); National Flood Insurance Program, 44 Code of Federal Regulations Part 60.3 (proposed rules for flood prone areas)
A copy of the above proposed rule changes may be viewed at the Commission’s main office at 18 Elkins Lane, Harlow Building, Augusta, Maine or may be downloaded from the agency’s web site at www.maine.gov/doc/lurc. To view the proposed rule changes at the Augusta office, please call the office in advance at (207) 287-2631.
WEBSITE: http://www.maine.gov/doc/lurc/index.shtml
CONSERVATION RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 110, Requests for Advisory Rulings
PROPOSED RULE NUMBER: 2010-P334
CONTACT PERSON FOR THIS FILING: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9536. E-mail: John.W.Sagaser@maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None scheduled at this time.
COMMENT DEADLINE: January 28, 2011
BRIEF SUMMARY: Rule 110 explains the procedures for requesting an Advisory Ruling from Maine Revenue Services. MRS is adopting this Rule as required by 5 MRSA §9001.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal.
STATUTORY AUTHORITY FOR THIS RULE: Title 5 MRSA §9001; Title 36 MRSA §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. I Section 1, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 2010-P335
CONCISE SUMMARY: The Department is proposing numerous changes to the MaineCare Benefits Manual (MBM), Ch. 101 Ch. 1 Section 1, General Administrative Policies and Procedures, to assure that provider requirements align with the Department’s new claims system and to up-date other aspects of the rule. The methods of claims submission reflect various updates in moving from MECMS to MIHMS. Ch. I retains the one (1) year deadlines from dates of services for the correct filing of claims, but adds the proviso that if the service was provided before September 1, 2010, then the claim must be filed within one (1) year or before January 31, 2011, whichever is sooner. Various other changes are made, including requiring that provider license renewals must be received within 30 days prior to the date of expiration or change, and that providers must update ownership information on an annual basis. The Department also proposes to add a new exemption for copayments, to add information regarding filing and managing claims in MIHMS, to recognize nurse licensure to include current, unencumbered compact licenses from another compact state, and to strengthen the Department’s ability to collect overpayments and, pursuant to federal law, to eliminate payments to entities outside the United States. Various grammatical and structural changes are also made to the rule.
See http://www.maine.gov/oms/rules/provider rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173
PUBLIC HEARING: January 5, 2011 at 1 p.m., Conference Room 1A and 1B, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333-0011. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed below before January 5, 2011
DEADLINE FOR COMMENTS: Comments must be received by midnight January 18, 2011.
AGENCY CONTACT PERSON: Michael Dostie, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6124. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13.08, Watercraft Regulations, Motor Size Restrictions on Certain Inland Waters
PROPOSED RULE NUMBER: 2010-P336
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations:
Saturday Pond, Otisfield, Oxford County: Motorboats with more than 75 horsepower prohibited
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §13051
PUBLIC HEARING: January 4, 2011 - Otisfield Town Office, 403 State Rd, Rt. 121, Otisfield, ME - 6:30 p.m.
DEADLINE FOR COMMENTS: January 14, 2011
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
WEBSITE: http://www.maine.gov/ifw/


ADOPTIONS


AGENCY: 95-648 - Efficiency Maine Trust
CHAPTER NUMBER AND TITLE: Ch. 110, Property Assessed Clean Energy
ADOPTED RULE NUMBER: 2010-613
CONCISE SUMMARY: The PACE Act provides a new mechanism for Maine energy consumers to finance energy savings improvements to their homes and businesses. For purposes of implementing the PACE Act, this rule establishes underwriting requirements, consumer disclosure requirements consistent with principles of truth in lending, terms and conditions under which municipalities and property owners may participate in a PACE program, and a quality assurance system for identifying and installing energy savings improvements.
EFFECTIVE DATE: December 12, 2010
AGENCY CONTACT PERSON: Dana Fischer, Efficiency Maine Trust, 19 State House Station, Augusta, ME 04333-0019. Telephone: (207) 650-8774. E-mail: Dana.Fischer@efficiencymaine.com .
WEBSITE: http://www.efficiencymaine.com/



AGENCY: 04-061 - Department of Conservation, Maine Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Amendment of Appendix F, Expedited Wind Energy Development Area Designation
ADOPTED RULE NUMBER: 2010-614
CONCISE SUMMARY: The l23rd legislature enacted, "An Act to Implement Recommendations of the Governor's Task Force on Wind Power Development", Public Law 2007, Ch. 661 as emergency legislation that became effective April 18, 2008.
The Act established the expedited permitting area for wind energy development in the jurisdiction of the Land Use Regulation Commission, and subsequently the Commission adopted through rule-making the description and map of the expedited permitting area. The description and map of the expedited permitting area were placed into the Commission's rules as Appendix F to Ch. 10, Land Use Districts and Standards.
12 MRS §685-A(13) provides for expansion of the expedited permitting area by the Commission in accordance with 35-A MRS §3453. Champlain Wind, LLC petitioned the Land Use Regulation Commission to expand the expedited wind energy permitting area by adding 695 acres located in Kossuth Township, Washington County. In the expedited wind energy permitting area, wind energy development is an allowed use with a permit, and no subdistrict rezoning is required.
EFFECTIVE DATE: December 16, 2010
AGENCY CONTACT PERSON: Frederick W. Todd, Maine Land Use Regulation Commission, 22 State House Station, Augusta, Maine 04333. Telephone: (207) 287-8786. E-mail: Fred.Todd@Maine.gov .
WEBSITE: http://www.maine.gov/doc/lurc/index.shtml
CONSERVATION RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov



AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 610, Rules for the Conduct of the Educators for Maine Program, Amendment 3
ADOPTED RULE NUMBER: 2010-615
CONCISE SUMMARY: The rule amendment (1) changes the deadline for filing new and renewal applications from May 15 to May 1; (2) provides that for loans first made beginning July 1, 2011 and any renewals thereof, interest accrues at 5% ; (3) eliminates requirement that students certify compliance with Military Selective Service Registration Act or certify basis for exemption; (4) refines payment disbursement procedures to schools; (5) institutes a $50 minimum monthly payment for new loans after July 1, 2011; (6) requires students who withdraw to begin payment in six months but allows additional time for repayment; (7) eliminates academic awards/achievements/honors as selection criteria but allows the Authority the discretion to request and use such information from time to time; and (8) allocates available funds on an annual basis proportionally between graduating high school seniors, other undergraduate students, and post-baccalaureate students based on the number of applicants in each category.
EFFECTIVE DATE: January 1, 2011
AGENCY CONTACT PERSON: Katryn Gabrielson, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 623-3263. E-mail: kgabrielson@famemaine.com .
WEBSITE: http://www.famemaine.com/
FAME RULE-MAKING LIAISON: croney@famemaine.com