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Home > Weekly Rule-making Notices > June 12, 2013

June 12, 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: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 331, OFI – Maine Public Assistance Manual, Rule #98P: Ch. III page 3 (assets) and 25 (exception from Lump Sum Policy)
PROPOSED RULE NUMBER: 2012-P131
CONCISE SUMMARY: This rule responds to Public Laws 2011, ch. 550, (22 MRS §2302(2)), which allows collection of child support debt from lump sum income received by a responsible parent who is receiving public assistance. The portion of any lump sum income collected to satisfy a child support debt is not available to meet the needs of the assistance unit. This rule change ensures that the portion collected for the support debt and therefore unavailable to the assistance unit does not affect the eligibility of the unit for public assistance.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: July 12, 2013 (30 days after the Secretary of State’s publication of the proposed rule notice)
AGENCY CONTACT PERSON: Dawn Mulcahey, TANF Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta ME 04333-0011. Telephone: (207) 624-4109. TTY: 711 (Maine Relay). E-mail: Dawn.Mulcahey@Maine.gov
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRS §§ 42, 3762(3)(A) and 3769-A
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources (DMR)
PROPOSED RULE NUMBER: 2013-P132
CHAPTER NUMBER AND TITLE: Ch. 41.30, Menhaden Program; Limit Reduction
CONCISE SUMMARY: This proposed regular rule-making would make permanent the emergency regulation that was recently adopted to reduce the daily catch limit and carrier vessel capacity from a maximum of 250,000 lbs. to 120,000 lbs. as approved by the Atlantic States Marine Fisheries Commission (ASMFC) Atlantic Menhaden Management Board at its May 21, 2013 meeting. This reduction is due to implementation of an episodic fishery provision within Amendment 2 to the Interstate Fishery Management Plan for Atlantic Menhaden.
Amendment 2 responded to the results of a recent stock assessment that concluded that overfishing is occurring. This Amendment established a new interim fishing mortality threshold and target (based on maximum spawning potential or MSP) with the goal of increasing abundance, spawning stock biomass, and menhaden availability as a forage species. This approach is consistent with the recommendations of the most recent stock assessment peer review panel.
The State of Maine is mandated to implement and enforce fisheries management plans of the Atlantic States Marine Fisheries Commission (Commission) under the Atlantic Coastal Fisheries Cooperative Management Act of 1993 (ACFCMA) in order to ensure the responsible and controlled harvest of menhaden in Maine waters. Controlling effort and fishing mortality through reduced landings accomplishes this conservation effort.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: July 15, 2013. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Terry Stockwell (tel: 207-624-6562). Mail written comments to: Department of Marine Resources, attn K. Rousseau, 21 State House Station, Augusta, ME 04333-0021 FAX:(207) 624-6573. TTY: (207) 624-6500 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRS §6171
WEBSITE: http://www.maine.gov/dmr/rulemaking/



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1. Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2013-P133
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming ice fishing and open water fishing seasons. These regulations are needed to provide for the effective conservation of Maine’s inland fisheries, and enhance fishing opportunities throughout the State. All of the proposals may be discussed at any of the 5 public hearings listed above. The list of proposals may be obtained from the Agency Contact Person or online at: http://www.maine.gov/ifw . Anyone unable to attend a public hearing may submit written comments on any of the proposals. The proposals, if adopted, will become effective January 1, 2014.
PUBLIC HEARINGS:
Presque Isle: July 8, 2013 @ 6:30 p.m. – Northeastland Hotel, Red Room, 436 Main Street
Millinocket: July 9, 2013 @ 6:30 p.m. – Stearns High School, Auditorium, 199 State Street
Ellsworth: July 10, 2013 @ 6:30 p.m. – Ellsworth High School, Café, 299 State Street
Rangeley: July 15, 2013 @ 6:30 p.m. – Rangeley Lakes Regional School, Cafeteria, 43 Mendolia Road
Standish: July 18, 2013 @ 6:30 p.m. – Standish Town Office, Council Chambers, 175 Northeast Road
COMMENT DEADLINE: July 29, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: 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 .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


ADOPTIONS


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41.30, Menhaden Program; Limit Reduction
ADOPTED RULE NUMBER: 2013-126 (Emergency)
CONCISE SUMMARY: This measure would reduce the daily catch limit and carrier vessel capacity from a maximum of 250,000 lbs. to 120,000 lbs. as approved by the Atlantic States Marine Fisheries Commission (ASMFC) Atlantic Menhaden Management Board at its May 21, 2013 meeting. This reduction is due to implementation of an episodic fishery provision within Amendment 2 to the Interstate Fishery Management Plan for Atlantic Menhaden.
Amendment 2 responded to the results of a recent stock assessment that concluded that overfishing is occurring. This Amendment established a new interim fishing mortality threshold and target (based on maximum spawning potential or MSP) with the goal of increasing abundance, spawning stock biomass, and menhaden availability as a forage species. This approach is consistent with the recommendations of the most recent stock assessment peer review panel.
The State of Maine is mandated to implement and enforce fisheries management plans of the Atlantic States Marine Fisheries Commission (Commission) under the Atlantic Coastal Fisheries Cooperative Management Act of 1993 (ACFCMA) in order to ensure the responsible and controlled harvest of menhaden in Maine waters. Controlling effort and fishing mortality through reduced landings accomplishes this conservation effort. For these reasons and in order to ensure compliance with ASMFC Board action, the Commissioner of the Maine Department of Marine Resources adopts this emergency rule-making action due to the risk of unusual damage and imminent depletion as authorized in 12 M.R.S. §6171(3).
EFFECTIVE DATE: June 6, 2013
AGENCY CONTACT PERSONS: Terry Stockwell (207-624-6562)
AGENCY NAME: Department of Marine Resources, attn: K. Rousseau, 21 State House Station, Augusta, Maine 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/ . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .



AGENCY: 17-229 - Maine Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 306, Truck Size and Weight Limits on Maine's Interstate Highway System
ADOPTED RULE NUMBER: 2013-127 (Emergency)
CONCISE SUMMARY: This Rule is being amended to eliminate the strict requirement in Section 306.03 (A) of the original Rule requiring that manufacturer's ratings for GVW, axle capacity, brake systems and other components not be exceeded on the Interstate. This amendment will allow vehicles that have been properly modified by a dealer or other qualified person to safely exceed the original manufacturer's ratings for gross vehicle weight, axle capacity, brake systems and other components to legally utilize Maine's Interstate Highways.
EFFECTIVE DATE: June 11, 2013
AGENCY CONTACT PERSON: William A. Akins, Maine Department of Transportation, 16 State House Station, Augusta, ME 04333. Telephone: (207) 624-3020. E-mail: William.Akins@Maine.gov .
WEBSITE: http://www.maine.gov/mdot/ .
DOT RULE-MAKING LIAISON: Toni.Kemmerle@Maine.gov .



AGENCY: 04-058 – Department of Agriculture, Conservation, and Forestry, Division of Forestry (Maine Forest Service)
CHAPTER NUMBER AND TITLE: Ch. 29, Fee Schedule (New)
ADOPTED RULE NUMBER: 2013-128
CONCISE SUMMARY: This rule establishes fees for permits and permits by rule issued by the Department of Agriculture, Conservation and Forestry, Division of Forestry (Division) as authorized by statute.
EFFECTIVE DATE: June 15, 2013
AGENCY CONTACT PERSON / DEPARTMENTAL RULE-MAKING LIAISON: Mari Wells-Eagar, Department of Agriculture, Conservation, and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. E-mail: Mari.Wells@Maine.gov .
WEBSITE: http://www.maine.gov/acf/index.shtml .



AGENCY: 90-668 - Maine Charter School Commission
CHAPTER NUMBER AND TITLE: Ch. 1 (New), Commission Organization and Operation
ADOPTED RULE NUMBER: 2013-129
CONCISE SUMMARY: The Maine Charter School Commission is adopting a rule that describes the procedures for its organization and operation. It addresses the following:
* The composition of the Commission;
* The officers, work groups, representation, office and staff of the Commission:
* The meetings of the Commission, there frequency, public notice, public participation, agenda and rules of conduct, quorum and voting, and minutes;
* The reports required and the location of records of the Commission;
* The funding and reimbursement of expenditures of the Commission.
EFFECTIVE DATE: June 16, 2013
AGENCY CONTACT PERSON: Robert Kautz, Maine Charter School Commission, State House Station #182, Augusta, Maine 04333-0182. Telephone: (207) 624-6728. E-mail: Bob.Kautz@Maine.gov .
WEBSITE: http://www.maine.gov/csc/ .
EDUCATION RULE-MAKING LIAISON: Greg.Scott@Maine.gov .



AGENCY: 90-668 - Maine Charter School Commission
CHAPTER NUMBER AND TITLE: Ch. 2, Procedures for Commission Authorization of Public Charter Schools
ADOPTED RULE NUMBER: 2013-130
CONCISE SUMMARY: The Maine Charter School Commission is proposing revisions to Ch. 2 to address the following:
* In Section 2,3 – add procedures for correspondence by applicants to the Commission after the receipt of applications;
* In Section 4,1 – change the number of days and timing for the review for completeness;
* In Section 7, 1 – add the word ‘geographic’ to describe the community that will be impacted by a proposed charter school;
* In Section 8,2 – describes the process for acting on a conditionally approved application.
EFFECTIVE DATE: June 16, 2013
AGENCY CONTACT PERSON: Robert Kautz, Maine Charter School Commission, State House Station #182, Augusta, Maine 04333-0182. Telephone: (207) 624-6728. E-mail: Bob.Kautz@Maine.gov .
WEBSITE: http://www.maine.gov/csc/ .
EDUCATION RULE-MAKING LIAISON: Greg.Scott@Maine.gov .