Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

February 12, 2003
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: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.15(2)(G), Sea Urchin, Limited Entry Procedures, date of license lottery
PROPOSED RULE NUMBER: 2003-P24
CONCISE SUMMARY: This proposed regulation would change the date for the holding of the lottery under Ch. 26.15(2)(G) from March 31st to May 31st. This is part of the limited entry system for the purpose of awarding of sea urchin hand fishing, dragging, handraking and trapping license eligibility to those persons who did not hold that license in the previous calendar year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6749-0
PUBLIC HEARING: Monday, March 3, 2003, 7:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
DEADLINE FOR COMMENTS: Thursday, March 13, 2003
AGENCY CONTACT PERSON: Margaret Hunter. Mail written comments to: c/o Laurice U. Churchill.
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9500
FAX: (207) 633-9579
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability, please contact Bert Bilodeau, at (207) 624-6569.


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 355, Sand Dune Rules
PROPOSED RULE NUMBER: 2003-P25
CONCISE SUMMARY: The department is proposing amendments to Ch. 355, Sand Dune Rules. The proposed amendments would: 1) increase its comprehension by the public, municipal officials and the regulated community, principally through reformatting of the rules; 2) establish new regulatory variance provisions for new construction in frontal dunes; and 3) amend a number of definitions to improve the clarity of the rules. The department has included provisions to require that all new and reconstructed buildings in frontal dune areas and unstable back dune areas be elevated on posts or piles to allow for the free flow of water and sand. The department has also included new sections that would allow for new construction in frontal dune areas.
The first new section, Section 6(B)(5), would allow an applicant to apply for the construction of a building in a frontal dune subject to meeting specific siting and construction criteria. The rules would limit the ability to apply for a permit to only those vacant lots located in developed sand dune systems that have residential buildings located on either side. The second new section, Section 8, addresses all other vacant lots in frontal dunes and is specifically worded to address the issue of the taking of private property without compensation. Additionally, a new provision has been added to allow for the one time reconstruction of structures damaged by more than 50% by an ocean storm. Under the existing rules, rebuilding of structures damaged by more than 50% by an ocean storm is prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 341-D(l)
PUBLIC HEARING: 1:30 p.m., Thursday, March 6, 2003, Holiday Inn, Ground Round, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on March 20, 2003. Comments may be submitted by mail at the address below, by fax at (207) 287 7191 or by e-mail to Jeff.G.Madore@maine.gov
AGENCY CONTACT PERSON: Jeff Madore
AGENCY NAME: Department of Environmental Protection
ADDRESS: Bureau of Land and Water Quality, 17 State House Station
Augusta, Maine 04333
TELEPHONE: (207) 287-7848


AGENCY: 16-222 - Office of State Fire Marshal

RULE TITLE OR SUBJECT: Ch. 1, Fee Schedules for Plans Examination
PROPOSED RULE NUMBER: 2003-P26
CONCISE SUMMARY: This rule establishes fees to support construction and building plans review for permits of building construction and licensing by the Office of State Fire Marshal. Ch. content includes fees established for the following:
* Fee Schedule for Plans Examination
* Plans Review and Permit for Fire Sprinkler Systems
* Schedule of Fees for Plans Review and Permit of Barrier Free Construction
This rule is submitted to reflect fee schedule adjustments for the Plans Review and Permit for Fire Sprinkler Systems.
STATUTORY AUTHORITY: 25 MRSA 2450

RULE TITLE OR SUBJECT: Ch. 4, Sprinkler Systems
PROPOSED RULE NUMBER: 2003-P27
CONCISE SUMMARY This rule establishes the design, installation, operation, maintenance, testing and all other aspects of sprinkler system protection for occupancies and structures with sprinkler system fire protection measures. This rule is proposed for adjustment of fees and license validation period of Responsible Managing Supervisor, Fire Sprinkler System Contractor and Fire Sprinkler Inspector's license.
STATUTORY AUTHORITY: 25 MRSA 2452; 32 MRSA 1373, 1374, 1382

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 14, 2003
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #02-03
ADOPTED RULE NUMBER: 2003-37
CONCISE SUMMARY: Minimum February, 2003 Class I price is $13.48 plus $0.50/cwt. for Producer Margins and an over order premium of $0.80/cwt. as being prevailing in southern New England for a total of $14.78. Class II minimums set at $11.77 which includes $0.15/cwt. for Producer Margins. These changes were passed on in minimum prices. Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: February 1, 2003
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
ADOPTED RULE NUMBER: 2003-40
CONCISE SUMMARY: The amendment identifies the current edition of the standards of professional practice with which licensees shall comply.
EFFECTIVE DATE: February 8, 2003
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional & Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520



Corporations Uniform Commercial Code Elections APA Rules Notaries Boards & Commissions
Home Archives Bureau of Motor Vehicles Corporations, Elections and Commissions What's New Secretary's Desk Kid's Page
© Department of the Secretary of State