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Weekly Rulemaking Notices Contact Us Find It

January 9, 2002
as posted in 5 daily Maine newspapers

NOTICE 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 World-Wide Web at: h

ttp://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 65-407 - Public Utilities Commission

RULE TITLE OR SUBJECT: Ch. 290, Standards for Billing, Credit and Collection, and Customer Information for Eligible Telecommunications Carriers Providing Basic Telephone Service
PROPOSED RULE NUMBER: 2002-P1
CONCISE SUMMARY: This chapter establishes consumer protections for the provision of local exchange telephone service by eligible telecommunications carriers in Maine. These rules govern interruptions in service, the granting and denying of service, provision of consumer information, credit and deposit practices, billing, disconnection, customer complaint procedures and methods of obtaining exemptions and variations from this chapter.

RULE TITLE OR SUBJECT: Ch. 291, Standards for Billing, Credit and Collection, and Customer Information for Non-Eligible Telecommunications
PROPOSED RULE NUMBER: 2002-P2
CONCISE SUMMARY: This chapter establishes consumer protections for the provision of local exchange telephone service by non-eligible telecommunications carriers in Maine. These rules govern interruptions in service, the granting and denying of service, provision of consumer information, credit and deposit practices, billing, disconnection, customer complaint procedures and methods of obtaining exemptions and variations from this chapter.

RULE TITLE OR SUBJECT: Ch. 292, Standards for Billing, Credit and Collection, and Customer Information for Interexchange Carriers
PROPOSED RULE NUMBER: 2002-P3
CONCISE SUMMARY: This chapter establishes consumer protections for the provision of local exchange telephone service by non-eligible telecommunications carriers in Maine. These rules govern interruptions in service, the granting and denying of service, provision of consumer information, credit and deposit practices, billing, disconnection, customer complaint procedures and methods of obtaining exemptions and variations from this chapter.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 704, and 705
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 8, 2002
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-1396


AGENCY: 10-144 - Department of Human Services, Division of Health Engineering, Radiation Control Program
RULE TITLE OR SUBJECT: Ch. 220, Radioactive Materials Regulations Changes
PROPOSED RULE NUMBER: 2002-P4
CONCISE SUMMARY: The proposed revision to the current State of Maine Regulations Relating to Radiation Protection makes the State compatible with the Federal Nuclear Regulatory Commission and the Suggested State Radiation Control Statutes of the Conference of Radiation Control Program Directors.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 674
PUBLIC HEARING: January 28, 2002, 9:00 a.m. - 12:00 p.m., Department of Human Services Offices, 219 Capitol Street, Large Conference Room, Augusta, Maine.
DEADLINE FOR COMMENTS: By COB February 8, 2002
AGENCY CONTACT PERSON:
NAME: Jay C. Hyland, P.E., Radiation Control Program
ADDRESS: 10 State House Station, Augusta, Maine 04333-0010
PHONE: (207) 287-5676
E-MAIL: jay.hyland@maine.gov


AGENCY: 12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 6, Rules Relating to Recording Occupational Injuries and Illnesses in the Public Sector
PROPOSED RULE NUMBER: 2002-P5
CONCISE SUMMARY: Establishes rules for the recording of occupational injuries and illnesses by public sector employers. These rules closely conform to the standards set by the U.S. Department of Labor, which apply to private sector employers, by using the Federal forms and general procedures.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 565
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 8, 2002
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2002-P6
CONCISE SUMMARY: Most of these proposed rule changes incorporate changes to the Commission's enabling statute at 12 MRSA 681 - 689. These changes include changes in certain definitions, subdivision exemptions, and variance provisions. In addition to these statutory changes, the Commission is proposing changes to the definition of "expansion of a structure" and companion changes in Section 10. 11, Nonconforming Uses and Structures. These latter changes are prompted by the difficulty staff is currently having with enclosure of decks or porches for nonconforming structures. Essentially a strict reading of the current rule results in double counting the floor space of decks and porches when they are proposed for enclosure.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-A, sub-7-A
PUBLIC HEARING: No public hearing has been scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 22, 2002
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, State House Station #22, Augusta, Maine 04333
TELEPHONE: (207) 287-4932


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health
RULE TITLE OR SUBJECT: Ch. 7, Safety and Health Standards for Students in Public Educational Facilities (a major substantive rule)
PROPOSED RULE NUMMER: 2002-P7
CONCISE SUMMARY: Provides definitions and adopts by reference sections of the Occupational Safety and Health Administration (OSHA) regulations relevant to public school students.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 2001 c.397
PUBLIC HEARING: January 28, 2002, 9:00 a.m., Bureau of Labor Standards, Hallowell Annex, 3rd Floor Conference Room #306, Hallowell, ME 04347
DEADLINE FOR COMMENTS: February 7, 2002
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6400


ADOPTIONS

AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
ADOPTED RULE NUMBER: 2001-542
CONCISE SUMMARY: The proposed amendment will allow home health aides, when delegated by a licensed nurse, to assist in administration of medications in certain home health care situations.
EFFECTIVE DATE: January 1, 2002
AGENCY CONTACT PERSON: Virginia E. DeLorimier
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone Street 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2001-543
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to the open water season as follows: ANDROSCOGGIN COUNTY: Androscoggin River -- ADD TO THE END OF THE EXISTING REGULATION: From the Rt. 108 bridge in Rumford downstream to the Ridlonville Bridge in Mexico: Open to open water fishing from December 1 - March 31: Daily bag limit on trout: 2 fish; minimum length limit on salmon, rainbow trout and brown trout: 12 inches; daily bag limit on bass: 1 fish between 12 and 15 inches. KNOX COUNTY: REPLACE CURRENT REGULATION WITH THE FOLLOWING: St. George River, from St. George Lake, Liberty, downriver to the head of tide in Warren: Open to open water fishing from January 1 - December 31; total daily bag limit on salmon, trout and togue: 1 fish; S-21. These rules will be printed, along with all other regulations, in the 2002 Open Water Fishing Regulations Booklet which will be available from the Department as well as license agents in March of 2002.
EFFECTIVE DATE: January 1, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041

 


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