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Home > Weekly Rule-making Notices > September 21, 2011

September 21, 2011

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: 19-498 - Department of Economic and Community Development (DECD), Office of Community Development (OCD)
RULE TITLE OR SUBJECT: Ch. 40 (New), Proposed Statement for Administering the 2012 Maine Community Development Block Grant Program
PROPOSED RULE NUMBER: 2011-P173
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §13058, Subsection 3
PUBLIC HEARING: October 14, 2011, 12:30 p.m., Burton Cross Building 3rd Floor, 111 Sewall Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 25, 2011 4:00 p.m.
AGENCY CONTACT PERSON: Deborah Johnson, Deputy Director, OCD, Department of Economic and Community Development, Office of Community Development, 111 Sewall Street, 59 State House Station, Augusta, Maine 04333-0059. Telephone: (207) 624-9817. E-mail: Deborah.Johnson@Maine.gov .
WEBSITE: http://www.maine.gov/decd/meocd/ .
DECD RULE-MAKING LIAISON: George.Gervais@Maine.gov .



AGENCY: 02-298 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
PROPOSED RULE NUMBER: 2011-P174
CONTACT PERSON FOR THIS FILING: 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 .
PUBLIC HEARING: none scheduled
COMMENT DEADLINE: October 28, 2011
BRIEF SUMMARY: Title 32 MRSA §14012(3) authorizes the board to establish standards of practice for licensed real estate appraisers, and 32 MRSA §14028 requires licensees to comply with the Uniform Standards of Professional Appraisal Practice (“USPAP”) promulgated by the Appraisal Standards Board of the Appraisal Foundation. This amendment designates the 2012-13 edition of USPAP as the standards of practice in effect beginning January 1, 2012. Changes from the 2010-11 edition are discussed in detail in Appraisal Standards Board, “2011 Summary of Actions Related to Proposed USPAP Changes” (April 8, 2011). This document may be downloaded from the web site of the Appraisal Foundation, www.appraisalfoundation.org. The download link is http://appraisalfoundation.sharefile.com/d/sd470eea561f412ab. A copy of the proposed rule may be downloaded from OLR’s web site at www.maine.gov/professionallicensing.
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY: 32 MRSA §14012(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 32 MRSA §14028; 12 USC §§ 3336, 3339 (Title XI of the Financial Institutions Recovery, Reform and Enforcement Act of 1989, as amended, Real Estate Appraisal Reform Amendments, Sections 1107, 1110)
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/appraisers/index.htm .
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence
RULE TITLE OR SUBJECT: Ch. 301, OFI Food Supplement Proposed Rule #172P — Update to Telephone Standard; “Group Living Arrangement” Clarification: FS-444-5 pgs. 1-4, FS-555-5 pg. 7
PROPOSED RULE NUMBER: 2011-P175
CONCISE SUMMARY: This rule will decrease the telephone standard allowance from $42 to $40 per month. It will also correct the Group Living Arrangement rule text so that it is consistent with the Federal definition of a “Group Living Arrangement”, which is not specific to the “developmentally-disabled.”
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: none scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: October 21, 2011
AGENCY CONTACT PERSON Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. Telephone: (207) 287-7118. TTY: (800) 606-0215 (Deaf/Hard of Hearing). E-mail: Karen.L.Curtis@Maine.gov .


ADOPTIONS



AGENCY: 29-250 - Secretary of State, Bureau of Corporations, Election and Commissions (CEC)
CHAPTER NUMBER AND TITLE: Ch. 525, Rules for Administering the Central Issuance and Processing of UOCAVA Absentee Ballots
ADOPTED RULE NUMBER: 2011-311
CONCISE SUMMARY: In order to comply with the federal Military and Overseas Voter Empowerment Act (“MOVE Act”) and facilitate voting by uniformed service voters and overseas voters, legislation was enacted authorizing the Secretary of State to centrally issue, receive and count absentee ballots for uniformed service voters and overseas voters. The Secretary of State is adopting rules governing the central issuance and processing of absentee ballots, including processes to provide for the examination, counting and storage of ballots in the same manner as regular absentee ballots that are issued by municipal election officials.
EFFECTIVE DATE: September 17, 2011
AGENCY CONTACT PERSON: Melissa K. Packard, Director of Elections, Department of the Secretary of State, Bureau of Corporations, Elections and Commissions, 101 State House Station, Augusta, Maine 04333. Telephone: (207) 624-7650. E-mail: Melissa.Packard@Maine.gov .
WEBSITE: http://www.maine.gov/sos/cec/index.html .
CEC RULE-MAKING LIAISON: Julie.Flynn@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE:
Ch. 4.03 - A-3, Expanded Archery Season
Ch. 5.02, Classified Wildlife Management Areas
ADOPTED RULE NUMBERS: 2011-312, 313
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules opening Marsh Island within the towns of Old Town and Orono, Penobscot County, to deer hunting by use of bow and arrow during any open deer hunting season that allows the use of bow and arrow, and also adds it to the expanded archery area. (AN IMPORTANT NOTE: Land owned by the University of Maine at Orono is not included in the area open to hunting.)
EFFECTIVE DATE: September 14, 2011
AGENCY CONTACT PERSON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/ .