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Home > Weekly Rule-making Notices > December 28, 2011

December 28, 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: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool Cost of Administration
PROPOSED RULE NUMBER: 2011-P268
CONCISE SUMMARY: The principal reason for this rule-making is to amend the cost of administering the Maine Milk Pool. A rate of zero percent is being proposed for 2012.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §3154 (2)
PUBLIC HEARING: January 18, 2012, 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 27, 2012
AGENCY CONTACT PERSON: 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 .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 1000, Guidelines for Municipal Shoreland Zoning Ordinances
PROPOSED RULE NUMBER: 2011-P269
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Deirdre Schneider, Maine Department of Environmental Protection, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333. Telephone: (207) 557-0353. Fax: (207) 287-7283. E-mail: Deirdre.Schneider@Maine.gov .
PUBLIC HEARING: Tuesday, January 17, 2012 at 01:30 p.m., DEP Response Training Room, 4 Blossom Lane, Augusta, ME
COMMENT DEADLINE: January 27, 2012. Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: Ch. 1000 establishes the minimum guidelines municipalities must adopt through local ordinances in order to regulate and permit activities within the shoreland zone. In a letter dated May 31, 2011, the Committee on Environment and Natural Resources directed the Department to remove the requirement that wetlands rated as moderate or high value waterfowl and wading bird habitat by the Department of Inland Fisheries and Wildlife be designated as Resource Protection under the rules relating to shoreland zoning. The Department is proposing to amend the rule as directed by the Committee on Environment and Natural Resources.
IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities that wish to change their ordinances based on this rule change would need to amend their shoreland zoning ordinances/maps. This process would involve costs to municipalities. However, the amendment of maps and ordinance is not required and may be undertaken at another time when other amendments are deemed necessary by the town.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §438-A(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .


ADOPTIONS



AGENCY: 02-643 - Department of Professional and Financial Regulation (P&FR), Office of Professional and Occupational Regulation (OPOR), Board of Speech, Audiology and Hearing
CHAPTER NUMBER AND TITLE: Ch. 1, Definitions; Ch. 2, Advisory Rulings; Ch. 3, Pathways to Licensure as a Speech-Language Pathologist, Audiologist or Hearing Aid Dealer and Fitter; Ch. 4, Licensure of Temporary Speech-Language Pathologists and Audiologists; Ch. 5, Permitting and Licensure of Hearing Aid Dealers and Fitters; Ch. 6, Application for Licensure; Ch. 7, License Renewal; Inactive Status; Ch. 8, Continuing Professional Education; Ch. 9, Speech-Language Pathology Assistants; Ch. 10, Practice of Hearing Aid Dealing and Fitting; Ch. 11, Code of Ethics; Ch. 12, Professional Misconduct
ADOPTED RULE NUMBER: 2011-456 thru 467
CONCISE SUMMARY: The new rules repeal and replace the rules of the former Board of Examiners on Speech-Language Pathology and Audiology and the former Board of Hearing Aid Dealers and Fitters. The chief focus of the rulemaking proceeding was to harmonize provisions of the two former sets of rules into one package. Major elements of this synthesis in the new rules are a common set of continuing education requirements, a common license term and license renewal schedule, and a common code of ethics. The board also reformulated the pathways to licensure for speech-language pathologists and audiologists, re-wrote the model agreement for the sale of hearing aids required by law, revamped the entire continuing education mechanism, updated the code of ethics, and added a chapter on professional misconduct.
EFFECTIVE DATE: December 24, 2011
AGENCY CONTACT PERSON: Torrey J. Gray, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8420. E-mail: Torrey.J.Gray@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/speech_audiology_hearing_aid/index.htm .
OPOR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .



AGENCY: 10-144 - Department of Health & Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 700, Rules Relating to the Maine Maternal, Fetal and Infant Mortality Review Panel
ADOPTED RULE NUMBER: 2011-468
CONCISE SUMMARY: These rule changes establish the responsibilities of the Maine Maternal & Infant Mortality Review Panel in regard to collection of data, with an updated case definition to include fetal death of at least 28 weeks gestation. These rules also describe functions of the panel, including: panel membership, the nature of contact between the Maine Maternal, Fetal and Infant Mortality Review Panel with families, access to medical records, the conduct of review of maternal, fetal and infant deaths, the conduct of family/parent interviews, and confidentiality. These rule changes will have no adverse impact on municipalities, counties, healthcare providers, hospitals or small businesses.
EFFECTIVE DATE: December 24, 2011
AGENCY CONTACT PERSON: Ellie Mulcahy, DHHS, Center for Disease Control, Division of Family Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-4623, 1 (800) 698-3624. TTY: 1 (800) 606-0215. E-mail: Ellie.Mulcahy@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/ .



AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 273, Criteria for Listing Invasive Terrestrial Plants
ADOPTED RULE NUMBER: 2011-469
CONCISE SUMMARY: This rule proposes criteria to be used in evaluating non-native terrestrial invasive plants that could have adverse impacts on the Maine landscape. Plants that are evaluated and meet the criteria may be included on a list of invasive plants in the future.
EFFECTIVE DATE: December 25, 2011
AGENCY CONTACT PERSON: Ann Gibbs, Department of Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-3891. E-mail: Ann.Gibbs@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(1)(A)(2), Shrimp Season, 2011 – 2012 (Emergency)
ADOPTED RULE NUMBER: 2011-470
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 2011 – 2012 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan, and voted upon by the ASMFC Northern Shrimp Section at a public hearing October 28, 2011 and conference call Nov., 30, 2011. Trawlers may start January 2, 2012 and may fish Mondays, Wednesdays and Fridays. Trappers may start February 1, 2012, may fish daily and shall have a 1,000 lb catch limit per vessel per day. Trawlers and trappers may only land once per day. When 95% of the catch limit of 2,000 mt (~4.4 million lbs) has been reached, notwithstanding Ch. 45.05(1)(A)(1), persons will be informed by public notice in a newspaper circulated in the general area of the season end date. The Section or Commissioner also reserved the option to adjust the effort control measures such as days out, trip limits, trap limits, time of day, etc.
A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: January 2, 2012
AGENCY CONTACT PERSON: Terry Stockwell, Department of Marine Resources, attn. T. Stockwell, P.O. Box 8, West Boothbay Harbor, ME 04575-0008 (or 21 State House Station, Augusta, Maine 04333-0021). Telephone: (207) 624-6553. TTY (207) 633-9500 (Deaf/Hard of Hearing). Fax: (207) 624-6024. E-mail: Terry.Stockwell@Maine.gov .
WEB SITE: http://www.maine.gov/dmr/rulemaking/



AGENCY: 18-553 - Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations / State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 20, Powerball Rules
ADOPTED RULE NUMBER: 2011-471
CONCISE SUMMARY: This amendment repeals and replaces the existing rule governing the online jackpot game Powerball.
The repeal and replacement of these rules is necessary because of major game changes to Powerball as determined by the Multi-State Lottery Association including a change in the price to $2.00 per single play bet, changing the matrix to 5 of 59 and 1 of 35, improving the overall odds of winning a prize, improving the odds of winning the grand prize and increasing the starting grand prize to $40 million. In order to sell Powerball tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions for the major components of the rules for Powerball as required by Multi State Lottery Association and its selling agreement with Maine. The Multi-State Lottery Association is the governing body for the Powerball game.
EFFECTIVE DATE: January 15, 2012
AGENCY CONTACT PERSON: Timothy R. Poulin, Acting Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/ .
DAFS RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .



AGENCY: 10-144 - Maine Well Drillers Commission (administered by DHHS)
CHAPTER NUMBER AND TITLE: Ch. 232, Well Drillers and Pump Installers Rules
ADOPTED RULE NUMBER: 2011-472
CONCISE SUMMARY: Rule changes are in response to legislation (2009) requiring drillers and pump installers of geothermal wells be licensed by the Well Drillers Commission and that standards for the location and construction of geothermal heat exchange wells be adopted. These changes address the location and construction of geothermal heat exchange wells. The proposed changes include requirements established by P.L. 2009, c. 153, “An Act Relating to Geothermal Heat Exchange Wells”. The rules also contain several corrections of typographical errors. These rule changes should not have an adverse impact on small businesses and will not impose any additional costs for counties or municipalities.
AFFECTIVE DATE: January 1, 2012
AGENCY CONTACT PERSON: David Braley, Maine Well Drillers and Pump Installers Rules, 11 State House Station, Augusta Maine 04333. Telephone: (207) 441-5324. E-mail: David.Braley@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/water/index.htm .



AGENCY: 01-026 – Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBERS AND TITLES:
Amendment to Ch. 28, Notification Provisions for Outdoor Pesticide Applications
New Ch. 33, Certification and Licensing Provisions/Private Applicators of General Use Pesticides
Amendment to Ch. 60, Designation of Critical Pesticide Control Areas
ADOPTED RULE NUMBERS: 2011-473, 474, 475
CONCISE SUMMARY: The Board has adopted a series of changes to these three chapters as follows: (1) The amendment to Ch. 28 is mandated by PL 2011, Ch. 332, LD 228. It allows for notification of aerial spraying within 1,000 feet of sensitive areas. (2) The new Ch. 33 is mandated by PL 2011, Ch. 169, LD 975. It establishes procedures for licensing growers who use only general-use pesticides and annually produce at least $1,000 of plant produce for human consumption. (3) The amendment to Ch. 60 removes the designation of a critical pesticide control area from the Deblois Fish Hatchery. This amendment was requested by a constituent because the area so designated no longer contains a fish hatchery.
EFFECTIVE DATE: December 26, 2011
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/pesticides/ .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .



AGENCY: 90-429 - Board of Licensure of Water System Operators
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to the Licensure of Water System Operators
ADOPTED RULE NUMBER: 2011-476
CONCISE SUMMARY: The revisions to the Rules Relating to the Licensure of Water System Operators allow for examinations to be proctored by a third party; remove the requirement for sequential examinations; repeal water operator grandfathering provisions for certain water systems, establish a new fee schedule, and revise procedures for license revocation. P.L. 2011, 45, “An Act to Revise the Laws Governing the Board of Licensure of Public Water System Operators”, effective September 1, 2011, authorizes the Board of Licensure of Water System Operators to administer examinations in this manner. A new fee structure separating examination and licensing fees is also proposed. There is no financial impact anticipated for small businesses, municipalities or counties and may save money for licensed operators and applicants.
EFFECTIVE DATE: December 27, 2011
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rulemaking Coordinator, Drinking Water Program, Division of Environmental Health, Maine CDC, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/water/licensing/operators/board.htm .



AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 372, Policies and Procedures under the Site Location Law
Ch. 500, Stormwater Management
ADOPTED RULE NUMBER: 2011-477, 478
CONCISE SUMMARY: In response to the legislative directive contained in Resolves 2011, Ch. 46, the Department of Environmental Protection has adopted amendments Ch. 372 Section 12, Standard Conditions of Approval under the Site Location of Development Act, and Ch. 500 Section 10, Conditions of Approval under the Stormwater Management Law, to provide that permits issued with respect to these laws are valid for 4 years after they are issued and that a person who holds such a permit has 7 years to complete a project pursuant to such a permit.
EFFECTIVE DATE: December 27, 2011
AGENCY CONTACT PERSON: Dawn Hallowell, Department of Environmental Protection, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 557-2624. E-mail: Dawn.Hallowell@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov .