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Home > Weekly Rule-making Notices > September 18, 2013

September 18, 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: 16-633 - Department of Public Safety (DPS), Gambling Control Board
CHAPTER NUMBER AND TITLE: Ch. 13, Exclusion
PROPOSED RULE NUMBER: 2013-P192
BRIEF SUMMARY: Establish and maintain a list of people who have been excluded by a casino or who have submitted a self exclusion to the casino or the Gambling Control Staff.
PUBLIC HEARING: None
COMMENT DEADLINE: October 21, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Patrick J. Fleming, Gambling Control Board, 87 State House Station, Augusta, ME 04333-0087. Telephone: (207) 626-3901. E-mail: Patrick.J.Fleming@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: n/a
STATUTORY AUTHORITY FOR THIS RULE: 8 MRSA ch. 31 §1003
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dps/GambBoard/index.html .



AGENCY: 94-411 - Maine Public Employees Retirement System (MainePERS)
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
PROPOSED RULE NUMBER: 2013-P193
BRIEF SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments to the rule incorporate recent statutory changes to modernize the Plan by amending the provisions relating to qualification for retirement, early retirement reduction and cost-of-living adjustments. The proposed amendments also incorporate recommendations of the PLD Advisory Committee regarding levels of member contributions.
PUBLIC HEARING: October 10, 2013, 1:00 p.m. EDT, Maine Public Employees Retirement System, 96 Sewall Street, Augusta, Maine
CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS INFORMATION / MainePERS RULE-MAKING LIAISON: Kathy J. Morin, Manager, Actuarial & Legislative Affairs, Maine Public Employees Retirement System, 46 State House Station, Augusta, Maine 04333. Telephone: 1 (800) 451-9800 or (207) 512-3190. E-mail: Kathy.Morin@MainePERS.org .
COMMENT DEADLINE: October 28, 2013, 5:00 p.m. EDT
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §§ 17103(4), 18301(5), 18309(3), 18310(3), 18801
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.mainepers.org/



AGENCY: 02-298 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
PROPOSED RULE NUMBER: 2013-P194
BRIEF SUMMARY: Title 32 MRSA §14012(3) authorizes the board to establish standards of practice for licensed real estate appraisers, and 32 MRSA §14028 requires licensees to comply with the Uniform Standards of Professional Appraisal Practice (“USPAP”) promulgated by the Appraisal Standards Board of the Appraisal Foundation. This amendment designates the 2014-15 edition of USPAP as the standards of practice in effect beginning January 1, 2014. Changes from the 2012-13 edition are discussed in detail in Appraisal Standards Board, “2013 Summary of Actions Related to Proposed USPAP Changes” (February 1, 2013). This document may be downloaded from the web site of the Appraisal Foundation, www.appraisalfoundation.org . The download link is http://appraisalfoundation.sharefile.com/d/sc1a9de474cd4769a .
A copy of the proposed rule may be downloaded from OLR’s web site at www.maine.gov/professionallicensing .
PUBLIC HEARING: none scheduled
COMMENT DEADLINE: October 18, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Carol Leighton, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone. (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 32 MRSA §14012(3)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 32 MRSA §14028; 12 USC §§ 3336, 3339 (Title XI of the Financial Institutions Recovery, Reform and Enforcement Act of 1989, as amended, Real Estate Appraisal Reform Amendments, §§ 1107, 1110).
OPOR RULE-MAKING LIAISON: Anne.L.head@Maine.gov .


ADOPTIONS


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 324, Small Generator Interconnection Procedures
ADOPTED RULE NUMBER: 2013-218
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to the Small Generator Interconnection Procedures rule (Ch. 324). These amendments specify that the design of generation projects for level 2, level 3 and level 4 interconnection procedures that are greater than 50 kW must be reviewed and approved by a licensed professional engineer.
EFFECTIVE DATE: September 10, 2013
AGENCY CONTACT PERSON / PUC RULE-MAKING LIAISON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/ .



AGENCY: 04-061 (soon to be 01-672) - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 4, Rules of Practice (Adopted Rule Changes to Establish a Certification Process for Site Location of Development Permits)
ADOPTED RULE NUMBER: 2013-219
CONCISE SUMMARY: The Maine Legislature, with the passage of P.L. 2011 ch. 682 (enacting L.D. 1798), established that the Maine Department of Environmental Protection (“DEP”) now has Site Location of Development permitting authority within the unorganized and deorganized areas of the State. The Legislature has given the Maine Land Use Planning Commission the statutory responsibility to issue certification determinations to the DEP as part of DEP’s Site Location of Development permitting process. The Commission must determine and certify to the DEP prior to its issuance of a Site Location permit that: 1) the proposed development is an allowed use within the subdistrict or subdistricts for which it is proposed, and 2) the proposed development meets any land use standard established by the Commission that is not considered in the DEP’s review under Title 38, section 489 A-1, subsection 1 [effectively, the Site Location of Development Law].
The adopted changes to Ch. 4, Rules of Practice, establish the procedure for the new certification process. In addition, the rule-making contains changes to Ch. 4 that clarify Commission procedures and responsibilities.
EFFECTIVE DATE: October 18, 2013
AGENCY CONTACT PERSON: Susan Burns, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4969. TTY: (888) 577-6690. E-mail: Susan.Burns@Maine.gov .
WEBSITE: http://www.maine.gov/doc/lupc/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 04-061 (soon to be 01-672) - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 4, Rules of Practice (Adopted Rule Changes to Conform LUPC Appeals Standards to the Judicial Appeals Standard and to Conform with Resolve ch. 144, L.D. 1647, 125th Legislature, and Resolve ch. 33, 126th Legislature)
ADOPTED RULE NUMBER: 2013-220 (Final adoption, major substantive)
CONCISE SUMMARY: The Legislature passed LD 1647 (Resolve, To Require Rulemaking Regarding Standing To Appeal in Proceedings before the Board of Environmental Protection and the Maine Land Use Regulation Commission) to bring greater clarity and consistency to the standards for standing to appeal a decision to the Land Use Planning Commission and to the Board of Environmental Protection. LD 1647 requires the LUPC to adopt a standard consistent with that used in the court system. Specifically it resolves that “the Maine Land Use Planning Commission shall adopt rules to conform the standards for standing to appeal a decision to the commission to the judicial standards for standing to appeal a decision of the commission to court.”
EFFECTIVE DATE: October 18, 2013
AGENCY CONTACT PERSON: Hugh Coxe, Maine Land Use Planning Commission, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2662. E-mail: Hugh.Coxe@Maine.gov .
WEBSITE: http://www.maine.gov/doc/lupc/ .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .



AGENCY: 10-144 – Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 122, Rules Governing the Maine Medical Use of Marijuana Program
ADOPTED RULE NUMBER: 2013-221
CONCISE SUMMARY: The adopted rule adds an exception to the current prohibition on the use of any pesticides on marijuana plants by registered dispensaries participating in the Maine Medical Use of Marijuana Program. The adopted rule allows registered primary caregivers to use only minimum-risk pesticides on marijuana plants. This adopted rule authorizes the use of only the identified minimum-risk pesticides exempt from federal registration requirements that are authorized by the Maine Board of Pesticides Control (BPC). The adopted rule is posted at http://www.maine.gov/dhhs/dlrs/rulemaking/adopted.shtml .
Call (207) 287-9300 to have a paper copy of the rule mailed to you.
EFFECTIVE DATE: September 17, 2013
AGENCY CONTACT PERSON: Kenneth Albert, Director. Division of Licensing and Regulatory Services, DHHS, 41 Anthony Avenue, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300. Fax: (207) 287-5807. E-mail: Kenneth.Albert@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/dlrs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .