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Home > Weekly Rule-making Notices > January 25, 2012

January 25, 2012

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.


NOTICE


AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act
CONCISE SUMMARY: By the end of January, 2012, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include any comments on these recommended improvements in the report.
STATUTORY AUTHORITY: 5 MRSA §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 26, 2012
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. E-mail: Don.Wismer@Maine.gov
WEBSITE: http://www.maine.gov/sos/cec/rules/index.html


PROPOSALS



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4.05, Moose hunting
PROPOSED RULE NUMBER: 2012-P4
CONTACT PERSON FOR THIS FILING: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: February 24, 2012
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt a rule establishing the number of moose hunting permits to be issued for the 2012 season. Permits will be issued for bulls, antlerless and any-moose. Permits are allocated according to Wildlife Management District as follows:

WMD 1 – 150 bulls / 150 antlerless
WMD 2 – 300 bulls / 300 antlerless
WMD 3 – 200 bulls / 300 antlerless
WMD 4 – 300 bulls / 300 antlerless
WMD 5 – 125 bulls / 50 antlerless
WMD 6 – 175 bulls / 175 antlerless
WMD 7 – 125 bulls / 30 antlerless
WMD 8 – 235 bulls / 60 antlerless
WMD 9 - 50 bulls
WMD 10 – 60 bulls / 10 antlerless
WMD 11 – 100 bulls / 100 antlerless
WMD 12 – 35 bulls / 20 antlerless
WMD 13 – 35 bulls / 10 antlerless
WMD 14 – 35 bulls
WMD 15 – 25 any-moose
WMD 16 – 20 any-moose
WMD 17 – 20 bulls / 10 antlerless
WMD 18 – 50 bulls / 10 antlerless
WMD 19 – 75 bulls
WMD 22 – 20 any-moose
WMD 23 – 45 any-moose
WMD 25 – 45 any-moose
WMD 26 – 45 any-moos
WMD 27 – 20 bulls
WMD 28 – 25 bulls
                TOTAL: 2,115 bulls / 1525 antlerless / 200 any-moose
In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1 – 14, 17, 18, 19, 27 and 28 the season will begin on the second Monday of October and remain open for 6 days.
There shall be an open season in WMDs 1 – 8, 10 and 11 to begin on the first Monday of November and remaining open for 6 days with antlerless only permits being allocated.
In WMDs 15, 16, 22, 23, 25 and 26 the season begins the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving; the Saturday preceding the first day of this season is open for the hunting of moose by permit holders who are residents of this State only. The term “any-moose” means a moose of either sex. Persons hunting moose during this season must comply with the same hunter orange requirements as deer hunters. The legal hunting hours will be from ½ hour before sunrise to ½ hour after sunset.
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11551
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .



AGENCY: 94-655 – Interagency Review Panel
CHAPTER NUMBER AND TITLE: Ch. 1, Bylaws, Administration, and the Energy Infrastructure Proposal and Review Process
PROPOSED RULE NUMBER: 2012-P5
CONTACT PERSONS FOR THIS FILING: Jeffrey Marks, Governor’s Office of Energy Independence and Security, 62 State House Station, Augusta, Maine 04333-0062 – Telephone: (207) 287-8927 – E-mail: Jeffrey.Marks@Maine.gov; and William Akins, Maine Department of Transportation, 16 State House Station, Augusta, Maine 04333-0016 – Telephone: (207) 624-3020 – E-mail: William.Akins@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: same as above
PUBLIC HEARING: 3:00 p.m. Monday, February 13, 2012, Room 216, Transportation Building (MaineDOT Office), Child St., Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. Wednesday, March 14, 2012
BRIEF SUMMARY: The proposed rule establishes the bylaws, administration and the energy infrastructure proposal and review process for the Interagency Review Panel, which was established by P.L. 2009, Ch. 655 to oversee the use of statutory corridors for energy infrastructure projects.
IMPACT ON MUNICIPALITIES OR COUNTIES: No negative fiscal impact is expected
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §122
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


ADOPTIONS



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-12
ADOPTED RULE NUMBER: 2012-6 (Emergency)
CONCISE SUMMARY: Minimum February 2012 Class I price is $20.28/cwt. plus $1.35/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $24.29/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm .
EFFECTIVE DATE: January 29, 2012
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .