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Home > Weekly Rule-making Notices > April 11, 2012

April 11, 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: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 1, Procedures
PROPOSED RULE NUMBER: 2012-P10 (Revised and repromulgated)
CONCISE SUMMARY: The proposed rule amendment interprets the exception in campaign finance law for publishers of news stories, commentaries, and editorials. A copy of the proposed rule amendment is available on the Ethics Commission’s website – www.maine.gov/ethics - or by calling (207) 287-4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(1)
PUBLIC HEARING: no public hearing will be scheduled for this amendment
DEADLINE FOR COMMENTS: 5:00 p.m. on Friday, May 11, 2012
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. E-mail: Jonathan.Wayne@Maine.gov .


AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 360, Responsibilities of Manufacturers, Distributors, Dealers, Initiators of Deposit, Contracted Agents and Redemption Centers under the Returnable Beverage Container Law
PROPOSED RULE NUMBER: 2012-P39
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Steve Giguere, Program Manager: e-mail: Steve.Giguere@Maine.gov .
PUBLIC HEARING: April 30, 2012, 9:00 a.m., Maine Department of Agriculture Food & Rural Resources - Room 319, 90 Blossom Lane, Deering Bldg. - AMHI Complex, Augusta, Maine 04330
COMMENT DEADLINE: May 15, 2012
BRIEF SUMMARY: This rule is being adopted to implement the statutory amendments enacted by the 125th Legislature. The rule sets requirements for the approval of redemption center licensing and other minor technical changes to standardize the size dimensions and thickness of plastic bags use by redemption centers and exempts blueberry juice produced in the State of Maine from the required refund and deposit.
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact to Municipalities or Counties.
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §1871-C
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/agriculture/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons, C.: Special Deer Hunting Districts
PROPOSED RULE NUMBER: 2012-P40
CONTACT PERSON / IF&W RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: May 11, 2012
BRIEF SUMMARY: In accordance with Title 12, MRSA, §11152 sub-§ 3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt antlerless deer permit numbers for the 2012 regular deer hunting season and special muzzle-loading season by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:

  WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 0 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 - 175 permits
WMD 13 - 375 permits
WMD 14 - 0 permits
WMD 15 - 3,960 permits
WMD 16 - 2,880 permits
WMD 17 - 2,475 permits
WMD 18 - 0 permits
WMD 19 - 0 permits
WMD 20 - 6,050 permits
WMD 21 - 7,660 permits
WMD 22 - 2,050 permits
WMD 23 - 3,450 permits
WMD 24 - 2,450 permits
WMD 25 - 1,615 permits
WMD 26 - 420 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 - 600 permits
    TOTAL – 34,160
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11152
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


ADOPTIONS


AGENCY: 01-026 – Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Amendment to Ch. 41, Special Restrictions on Pesticide Use
ADOPTED RULE NUMBER: 2012-99
CONCISE SUMMARY: Ch. 41 contains a series of special requirements that are specific to certain active ingredients or classes of pesticides. Section 5 contains requirements for growers who plant crops containing plant-incorporated protectants, including Bacillus thuringiensis (Bt) corn. This amendment eliminates the requirement that seed distributors verify that purchasers of Bt-corn seed possess a valid training certificate. In addition, the amendment extends the refresher training interval from two to three years, and allows growers to obtain the required training prior to planting Bt seed, instead of prior to purchasing the seed.
EFFECTIVE DATE: May 3, 2012
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: 02-031 - Department of Professional and Financial Regulation (P&FR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 940, Health Insurance Rate Filings and Data Reporting
ADOPTED RULE NUMBER: 2012-100
CONCISE SUMMARY: The purposes of the amendments are to reflect changes in underlying Maine law enacted pursuant to 2011 PL c. 90, to provide consistency with federal rate review and medical loss ratio standards and to provide for data collection necessary for Bureau of Insurance compliance with federal data reporting standards.
EFFECTIVE DATE: April 10, 2012
AGENCY CONTACT PERSON: Sarah Hewett, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8412. E-mail: Sarah.Hewett@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
INSURANCE RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 30, River Herring (formerly Alewives)
ADOPTED RULE NUMBER: 2012-101
CONCISE SUMMARY: The proposed rulemaking would provide compliance with Amendment 2 to the Atlantic States Marine Fisheries Commission (ASMFC), Interstate Fishery Management Plan (FMP) for River Herring. In order to maintain a commercial or recreational river herring fishery, i.e., alewives and blueback herring, member states are required to develop sustainability targets that meet the FMP's definitions. Through 12 M.R.S. §6131 (Alewive Fishing Rights), Maine's regulation of the municipal alewife fishery would meet most of the management plans' requirement to meet the sustainability targets. A definition of river herring would be added that includes both the alewife species (Alosa pseudoharengus) and blueback herring species (Alosa aestivalis) (12 M.R.S. §6001(1A)). A 25 fish per day recreational take by hook and line or dip net would be added. A recreational fisher would be required to either hold a fishing license from the Department of Inland Fisheries and Wildlife or be registered through the Department of Marine Resource's saltwater fishing registry.
Specific town regulations regarding the governance of alewive fishing rights are proposed to be removed (Surry, Orland, Gouldsboro, Dennysville and South Berwick) as these are duplications of the municipal rights program governed by statute (12 M.R.S. §6131). effective since in 1964. Other area specific regulations would be retained with the terms "alewife" or "alewives" in these sections replaced with the term "river herring" for compliance with the ASMFC management plan. The entire chapter would also be renumbered.
EFFECTIVE DATE: April 11, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Kevin Rousseau Department of Marine Resources, 21 State House Station Augusta, ME 04333-0021. Telephone: (207) 624-6573 . Fax: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Kevin.Rousseau@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/


AGENCY: 05-075 - Maine Department of Education (DOE), and 94-376 - Maine Municipal Bond Bank
CHAPTER NUMBER AND TITLE: Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund
ADOPTED RULE NUMBER: 2012-102, 103
CONCISE SUMMARY Ch. 64, Maine School Facilities Program and School Revolving Renovation Fund, governs the requirements for approval of loans from the School Revolving Renovation Fund. The revisions amend the rules to conform with recent amendments to 30-A MRSA §5953-E and 6006-F. Eligible Priority One projects are amended to include abatement of hazardous materials. A new funding priority is created to address repairs and improvements related to energy and water conservation. Criteria for rating energy and water conservation projects are established. The maximum loan amount per school per priority is amended to be $1 million within any 5-year period.
EFFECTIVE DATE: May 9, 2012
CONTACT PERSON: Ann Pinnette, Department of Education, 23 State House Station Augusta, ME 04333. Telephone: (207) 624-6885. E-mail: Ann.Pinnette@Maine.gov .
WEBSITES:
DOE - http://www.maine.gov/doe/ .
Bond Bank – http://www.mainebondbank.com/ .
RULE-MAKING LIAISONS:
DOE: Greg.Scott@Maine.gov .
Bond Bank: rol@mmbb.com


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations
ADOPTED RULE NUMBER: 2012-104
CONCISE SUMMARY: This is routine annual rulemaking. Title 36 §576 requires the State Tax Assessor to annually determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. The updated rule will be applicable to the 2012 tax year.
The rule pertains to providing current use valuations for purposes of assessment of parcels of forest land classified under the Tree Growth Law. The State Tax Assessor calculates the current use value by means of a classification and averaging system which computes current use based on productivity. ill computing the current use or productivity for each forest type and region, the assessor must consider the prevailing stumpage price being paid for the various types of trees harvested in each region and the average rate of growth of the three forest types in each region. The rate of growth must be reduced by 10% to reflect the amount of growth that can be harvested on a sustained basis. In addition the assessor must apply a statutorily prescribed capitalization rate of 8 1/2 percent to the value of the annual net wood production.
The rate of growth is a long-term average and is derived from periodic statewide surveys of inventory and growth conducted from 1958 to 2003. The Maine Forest Service uses this data to produce a growth percent value for 15 species/species groups for each of 5 respective sample units (multi-county). The final values must be adjusted by the certified ratio of each municipality.
EFFECTIVE DATE: April 15, 2012
AGENCY CONTACT PERSON: David E. Bauer, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/
AGENCY RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation Birth to Age Twenty
ADOPTED RULE NUMBER: 2012-105
CONCISE SUMMARY: The Department of Education is proposing several amendments to Ch. 101 to comply with recently enacted State laws.
Pursuant to PL 2011, Ch. 63, the Resolve related to LD 688 language has been added to the federal language in Section VI regarding alternate means of participating in individualized education program team meetings and special education dispute resolutions.
Pursuant PL 2011, Ch. 19, the Resolve related to LD 45, in which marriage and family therapists have been added as qualified providers.
Pursuant to PL 2011, Ch. 42, the Resolve related to LD 964, Section V.6, has been amended to allow observations by qualified examiners.
Pursuant to PL 2011, Ch. 363, the Resolve related to LD 1110, Section VI.2.A has been amended to reflect that the advance written notice is required to include whether the school administrative unit will have an attorney present at an individualized education program team meeting.
Pursuant to PL 2011, Ch. 386, the Resolve related to LD 1094, the term School Psychological Service Provider has been changed to School Psychologist.
Pursuant to the Resolve related to LD 1094 the term School Psychological Service Provider has been changed to School Psychologist. Therefore, the term has been changed in Section IV.2.G and Section XI.
In addition, the Department of Education has made several amendments to Ch. 101 to comply with recently enacted Federal Part C (Birth -2) regulations for the Individuals with Disabilities Education Act [IDEA].
* In Childfind (Section IV): the timeline for referral to a regional site after a child has been identified has changed from two to ‘as soon as possible but no later than seven days’, new post referral procedures, clarification of the definition of initial evaluation and initial assessments, clarification that in the case of a child who is limited English proficient, native language means the language normally used by the parents of the child, steps to be taken when a child is determined not to be eligible;
* In the Individualized Plan Membership (Section VI): that the IFSP team must have the parent and two or more individuals from separate disciplines or professions with one of these individuals being the service coordinator and  new language with timelines for the transition into Part B, Section 619;
* In the Individualized Plans (Section IX) the parental consent requirements have been amended to reflect that the Department cannot use due process to challenge a parents refusal to provide consent, in the case of surrogates a 30-day timeline requirement has been added to make reasonable efforts to ensure the assignment of a surrogate parent, and a new requirement that the parent be provided at no cost of each evaluation, assessment of the child, family assessment, and the IFSP as soon as possible after each IFSP meeting;
* In Education Records (Section XIV) language has been added to address confidentiality of personally identifiable information and early intervention records; and
* In Special Education Finance (Section XVIII) language has been added related to use of public benefits or insurance or private insurance to pay for Part C services.
In addition references to pre-referral have been amended to use the term general education. These should have been taken care of in the June 2011 final adoption.
EFFECTIVE DATE: May 10, 2012
AGENCY CONTACT PERSON: Joanne C. Holmes, Maine Department of Education, State House Station 23, Augusta, Maine 04333. Telephone: . E-mail: Jaci.Holmes@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .