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Home > Weekly Rule-making Notices > February 15, 2012

February 15, 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.


PROPOSALS



AGENCY: 16-222 - Department of Public Safety (DPS), Maine State Police
RULE TITLE OR SUBJECT: Ch. 1, State of Maine Motor Vehicle Inspection Manual
PROPOSED RULE NUMBER: 2012-P15
BRIEF SUMMARY: This regulation repeals and replaces the existing regulation governing the State of Maine’s motor vehicle inspection program. Please reference generally 29-A MRSA c. 15, sub-c. 1 (regarding motor vehicle inspections).
PUBLIC HEARING: Wednesday, March 7th, 2012 at 1000 hours at the Maine Department of Public Safety, 45 Commerce Drive, Suite 1, Augusta, ME 04333-0042.
COMMENT DEADLINE: Tuesday, March 20th, 2012 at 0900 hours.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Maine State Police Lt. Brian P. Scott. E-mail: Brian.P.Scott@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: Not anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRSA §1769
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: NA
WEBSITE: http://www.maine.gov/dps/msp/ .
AGENCY RULE-MAKING LIAISON: Christopher.Parr@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4.06, Wild Turkey Hunting
PROPOSED RULE NUMBER: 2012-P16
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: March 16, 2012
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule to open Wildlife Management District 9 to spring turkey hunting. The Commissioner is also proposing to amend the current rule to include heavier than lead, non-toxic mixed loads with shot sizes 4 through 7 under legal weapons for turkey hunting during both the spring and fall seasons.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11701
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .
IF&W RULE-MAKING LIAISON: Becky.Orff@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 331, 0FI Maine Public Assistance Manual (TANF), Proposed Rule #92P: Ch. I - pages 21-25c; Ch. X - pages 1-2a
PROPOSED RULE NUMBER: 2012-P17
CONCISE SUMMARY: This proposed rule makes families who have received TANF cash assistance for 60-months or longer ineligible for TANF assistance unless the Department determines they qualify for an exemption or extension.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3762 sub-§15; Title 5 chapter 375 subchapter 2-A
PUBLIC HEARING: March 7, 2012, 9:00 a.m., 442 Civic Center Dr., Augusta. None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: March 17, 2012
AGENCY CONTACT PERSON: Dawn M. Mulcahey, TANF Program Manager, Department of Health and Human Service, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. Telephone: (207) 287-6426. TTY: (800) 606-0215 (Deaf/Hard of Hearing). E-mail: Dawn.Mulcahey@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


ADOPTIONS



AGENCIES:
26-239 - Office of the Attorney General, and
10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS)
CHAPTER NUMBER AND TITLE:
26-239 Ch. 111 - Reporting Requirements for Pharmaceutical Manufacturers and Labelers
10-144 Ch. 275 - Reporting and Fee Requirements for Pharmaceutical Manufacturers and Labelers: Section 1, Prescription Drug Clinical Trial Reporting; Section 2, Reporting of Prescription Drug Marketing Costs; and Section 3, Fee Provision to Implement Prescription Privacy Laws
ADOPTED RULE NUMBER: 2012-36, 37 (Repeals)
CONCISE SUMMARY: This adopted rule repeals 26-239 Office of the Attorney General Ch. 111, Reporting Requirements for Pharmaceutical Manufacturers and Labelers, and Department of Health and Human Services Ch. 275, Section 1 - Prescription Drug Clinical Trial Reporting, Section 2 - Reporting of Prescription Drug Marketing Costs, and Section 3 - Fee Provision to implement Prescription Privacy Laws. The 125th Maine Legislature enacted PL 2007 on June 29, 2011, which repealed the statutory provisions that authorized the Department to require marketing and clinical drug trial reporting and supported the Attorney General’s position in adopting clinical drug trial reporting requirements as a trade practice. In addition, the federal District Court rendered a decision that the Maine prescription drug privacy statutory provision is unconstitutional, following a recent Supreme Court decision.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: February 15, 2012
AGENCY CONTACT PERSON (DHHS): Amy Dix, Comprehensive Health Planner II, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287- 9342. Fax: (207) 287-9342. TTY: 711 (Deaf/Hard of Hearing). E-mail: Amy.Dix@Maine.gov .
AGENCY CONTACT PERSON (A.G.): Thomas Bradley, Assistant Attorney General, Office of the Attorney General, 6 State House Station, Augusta, Maine 04333-0006. Telephone: (207) 626-8828. Fax: (207) 626-8813. E-mail: Thomas.Bradley@Maine.gov .
WEBSITES: A.G. - http://www.maine.gov/ag/ ; DHHS – OMS - http://www.maine.gov/dhhs/oms/ .
AGENCY RULE-MAKING LIAISONS: A.G. – Linda.Pistner@Maine.gov ; DHHS – Kevin.Wells@Maine.gov .