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February 12, 2003
as posted
in 5 daily Maine newspapers
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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
© Department
of the Secretary of State
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