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Home > Weekly Rule-making Notices > January 16, 2013

January 16, 2013

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: 94-457 - Finance Authority of Maine (FAME)
PROPOSED RULE NUMBER: 2013-P001
CHAPTER NUMBER AND TITLE: Ch. 202, Revenue Obligation Securities Program, Amendment 18
BRIEF SUMMARY: The rule amendment is being changed to clarify the application process, including the applicable fees, for conduit bonds and credit enhanced bonds, including the coordination of these applications with Ch. 101 (Loan Insurance) where credit enhancement is provided solely through the Loan Insurance or Mortgage Insurance Funds.
PUBLIC HEARING: None. One would be scheduled at the request of 5 or more persons.
COMMENT DEADLINE: February 16, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / AGENCY RULE-MAKING LIAISON: Christopher Roney, General Counsel Finance Authority of Maine, PO Box 949, Augusta, ME 04332-0949. Telephone: (207) 620-3520. Fax: (207) 623-0095. TTY: (207) 626-2717. Website: www.famemaine.com .
IMPACT ON MUNICIPALITIES OR COUNTIES: The amendment will not impose any costs on municipalities or counties.
STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §§ 969-A(14), 1043, 1044, 1053, 1054
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: www.famemaine.com


ADOPTIONS


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 601, Maine State Grant Program, Amendment 11
ADOPTED RULE NUMBER: 2013-001
CONCISE SUMMARY: The rule amendment primarily conforms the rule to the program changes made by P.L. 2011, c.642 (An Act to Implement the Recommendations of the Stakeholder Group to Review the Maine State Grant Program). Eligible institutions of higher education no longer include out-of-State schools, except an institution attended by a Maine student participating in the New England Board of Higher Education’s New England Regional Student Program and eligible for the Tuition Break. The maximum period for which a student may receive a grant is redefined as ten semesters or the equivalent. The priority funding of full-time students is removed. The Authority may award grants to 2nd, 3rd, and 4th - year students in amounts which are greater than the amount awarded to 1st - year students. Certain other changes were made, including (a) elimination of the “advanced funding” payment procedures; (b) removal of the FAFSA application date of May 1 in favor of a deadline to be established annually by the Authority; (c) elimination of certain certifications required of institutions; and (d) updates to certain references to provisions of federal law and regulation.
EFFECTIVE DATE: January 7, 2013
AGENCY CONTACT PERSON: Katryn Gabrielson, Deputy General Counsel, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, Maine 04332-0949. Telephone: (207) 620-3515. E-mail: kgabrielson@famemaine.com .
WEBSITE: http://www.famemaine.com/ .
FAME RULE-MAKING LIAISON: croney@famemaine.com .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4.02 (B.5), Crow Hunting Season
ADOPTED RULE NUMBER: 2013-002
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended rules establishing the dates for the open season for the hunting of crows in 2013 and 2014 as follows:
2013 – Wildlife Management Districts 1 – 6: February 6, 2013 to April 15, 2013 and from August 1, 2013 to September 21, 2013. Wildlife Management Districts 7 – 29: January 21, 2013 to March 31, 2013 and from August 1, 2013 to September 21, 2013.
2014 – Wildlife Management Districts 1 – 6: February 3, 2014 to April 15, 2014 and from August 1, 2014 to September 20, 2014. Wildlife Management Districts 7 – 29: January 18, 2014 to March 31, 2014 and from August 1, 2014 to September 20, 2014.
No daily bag or possession limit. The adopted dates are in compliance with Federal law.
EFFECTIVE DATE: January 7, 2013
AGENCY CONTACT PERSON / IFW RULE-MAKING LIAISON: 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/ .



AGENCY: 12-170 - Department of Labor (DOL), Bureau of Labor Standards
CHAPTER NUMBER AND TITLE: Ch. 17, Rules Regarding Proof of Ownership and Recruitment by Employers Employing Foreign Laborers to Operate Logging Equipment
ADOPTED RULE NUMBER: 2013-003 (Note: this filing was withdrawn and refiled as major substantive / provisional adoption LR-2013-4 to be submitted to the Legislature for further consideration.)
CONCISE SUMMARY: The Adopted Rules provide greater clarity than existing rules and ensure consistency with Public Law 2012, Ch. 620: “An Act to Promote a Qualified Logging Workforce and Ensure an Adequate Wood Supply for Maine Mills.” Although the statute does not require the Department to adopt Rules, the Department amended the existing rules as a matter of service to the interested parties and stakeholders. The adopted rules provide the public and stakeholders with an easy to understand clarification of their responsibilities under the statute so that they are in compliance. The adopted rules allow the Department to establish procedure to carry out the Statute’s requirements and provide the framework to enforce compliance and assign penalties for non-compliance.
EFFECTIVE DATE: January 15, 2013
AGENCY CONTACT PERSON / DOL RULE-MAKING LIAISON: Susan H. Wasserott, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Susan.Wasserott@Maine.gov .
WEBSITE: http://www.maine.gov/labor/bls/ .



AGENCY: 12-150 - Department of Labor (DOL), Division for the Blind and Visually Impaired
CHAPTER .NUMBER AND TITLE: Ch. 101, Vocational Rehabilitative Services for Individuals who are Blind or Visually Impaired
ADOPTED RULE NUMBER: 2013-004
CONCISE SUMMARY: The Maine Division of Blind and Visually Impaired (DBVI) Vocational Rehabilitation (VR) program assists eligible individuals who have a visual impairment to prepare for and achieve an employment outcome. The adopted amendments reflect changes that result from clarifications in the appeals process and reasons for closures for the Vocational Rehabilitation services. Existing rules include minor changes, such as: 1. Changing the word 'disability' to 'visual impairment;' 2. adding a section to outline time frames; and 3. specifying the time-frames & duration for Post-Employment Services. The last change, regarding closure, strikes the original language and inserts a new section that is consistent with existing verbiage in other VR program rules within the Department of Labor (DOL.).
EFFECTIVE DATE: January 15, 2013
AGENCY CONTACT PERSON / DOL RULE-MAKING LIAISON: Susan H. Wasserott, Department of Labor, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5096. E-mail: Susan.Wasserott@Maine.gov .
WEBSITE: http://www.maine.gov/labor/bls/ .