Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

April 23, 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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 212, Exemption of Competitive Telecommunications Carriers from Certain Filing and Approval Requirements
PROPOSED RULE NUMBER: 2003-P82
CONCISE SUMMARY: This Rule Exempts Competitive LECs and Competitive IXCs from Title 35-A MRSA 504(2), 901-904, 907, 908, 910, 911, 1101, & 1103.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 507, 912, 1105.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 23, 2003
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine 04333-0018
TELEPHONE: (207) 287-3831


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Deer Hunting
PROPOSED RULE NUMBER: 2003-P83
CONCISE SUMMARY: The commissioner of Inland Fisheries and Wildlife is proposing to adopt rules affecting deer hunting as follows: (1) Establish the annual date for the youth deer hunting day; (2) Allocate the number of antlerless deer permits to be issued, by Wildlife Management District (WMD) and also amend the rule to allow applicants to select 3 WMDs in order to facilitate the issuance of bonus permits; (3) Establish license requirements and restrictions for permits issued for use in the Expanded Archery Season. There will no longer be a license for the Expanded Archery Season. Hunters who possess an archery license will be eligible to obtain multiple antlerless deer permits for a fee of $10 and 1 buck permit for a fee of $30, to be used only in the expanded areas only and establish a new area for the Expanded Archery season in the Town of Bucksport. The proposed number of any-deer hunting permits to be allocated in 2003 for each Wildlife Management District are listed below:
WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 750 permits
WMD 8 - 650 permits
WMD 9 - 150 permits
WMD 10 - 100 permits
WMD 11 - 0 permits
WMD 12 - 1,900 permits
WMD 13 - 1,900 permits
WMD 14 - 400 permits
WMD 15 - 3,550 permits
WMD 16 - 6,500 permits
WMD 17 - 15,450 permits
WMD 18 - 200 permits
WMD 19 - 0 permits
WMD 20 - 4,500 permits
WMD 21 - 4,100 permits
WMD 22 - 5,350 permits
WMD 23 - 15,550 permits
WMD 24 - 2,950 permits
WMD 25 - 3,500 permits
WMD 26 - 3,250 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 - 0 permits
WMD 30 - 850 permits
TOTAL - 71,600
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035, 7457
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: May 23, 2003
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 03-201 - Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 27.2, Supervised Community Confinement Program
PROPOSED RULE NUMBER: 2003-P84
CONCISE SUMMARY: The Maine Department of Corrections is proposing to revise the existing policy, procedures, and rules governing the Supervised Community Confinement Program Policy pursuant to 34-A MRSA section 3036-A. to implement the changes to the Supervised Community Confinement Program that are necessary due to overcrowding in the facilities.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 19-A MRSA 4014
PUBLIC HEARING; Wednesday, May 14, 2003, from 1 p.m. - 3 p.m. in the Maine Department of Corrections Conference Room in the Tyson Building (Third Floor) at the Augusta Mental Health Office Complex in Augusta, Maine.
DEADLINE FOR COMMENTS: May 26, 2003
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Family Health, Maine Childhood Lead Poisoning Prevention Program
RULE TITLE OR SUBJECT: Ch. 292, Rules for Environmental Lead Investigations
PROPOSED RULE NUMBER: 2003-P85
CONCISE SUMMARY: It is the intent of the Maine Childhood Lead Poisoning Prevention Program (MCLPPP) to streamline its existing Environmental Lead Investigation rules. The proposed rules are intended to establish the premises subject to environmental lead investigations, states the responsibilities of licensed lead inspectors and risk assessors when conducting environmental lead investigations, and describes the information to be provided to property owners and consumers in the course of environmental lead investigations and subsequent enforcement actions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
22 MRSA 1313-A - 1327.
22 MRSA 1323 provides authority to adopt rules to carry out legislatively established responsibilities.
PUBLIC HEARING: No public hearing is being held; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 23, 2003
AGENCY CONTACT PERSON: MaryAnn Amrich, Program Manager
AGENCY NAME: Maine Childhood Lead Poisoning Prevention Program
ADDRESS: 286 Water St, Key Plaza, 7th Floor, Augusta, ME 04333
TELEPHONE: (207) 287-4311


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 50, Principles of Reimbursement for Intermediate Care Facilities for the Mentally Retarded
PROPOSED RULE NUMBER: 2003-P86
CONCISE SUMMARY: Revisions to this rule add taxes paid by Intermediate Care Facilities for the Mentally Retarded to the list of allowable expenses, remove both the "bonus" payments for facilities with lower costs, and the out-dated day habilitation cost calculation, and make numerous wording and grammatical changes stemming from the changeover in program title from "Medicaid" to "MaineCare."
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, and PL 2003, Ch. 20, An Act Making Unified Appropriations and Allocations for the Expenditures of State Government, General Fund and Other Funds, and Changing Certain Provisions of the Law Necessary to the Proper Operations of State Government for the Fiscal Years Ending June 30, 2004 and June 30, 2005.
PUBLIC HEARING: May 14, 2003 at 1:00 p.m., Conference Rooms 1A and B, Bureau of Medical Services, 442 Civic Center Drive, Augusta, Maine 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 9, 2003.
DEADLINE FOR COMMENTS: May 27, 2003
AGENCY CONTACT PERSON: Robert Gross, Comprehensive Health Planner
AGENCY NAME: Policy & Provider Services, Bureau of Medical Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 02-383 - Board of Osteopathic Licensure (affiliated w/Dept. of Professional & Financial Regulation)
CHAPTER NUMBER AND TITLE: Ch. 19, Physician Schedule for License Renewals
ADOPTED RULE NUMBER: 2003-97
CONCISE SUMMARY: Presently, all osteopathic physicians renew their licenses on or before January 1 of each even-numbered year. This schedule results in a significant workload increase for administrative staff several months prior to and after the January deadline and, since licensing fees are the only source of revenue for the Board, has made it difficult at times for the Board to meet its financial obligations while awaiting renewal fees.
EFFECTIVE DATE: April 14, 2003
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Maine Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor Street, Augusta, ME 4333-0142
TELEPHONE: (207) 287-2480


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 97, Appendix A, Private Non-Medical Institutions.
ADOPTED RULE NUMBER: 2003-98
CONCISE SUMMARY: This emergency rule deletes Appendix A from Ch. III Section 97 of the MaineCare Benefits Manual so that providers will not use the wrong cost report form.
EFFECTIVE DATE: April 10, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 18-364 - State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Section 12: 1-A, Price
ADOPTED RULE NUMBER: 2003-99
CONCISE SUMMARY: To allow the Director, with the approval of the Commission, to approve the price of tickets on a per game basis.
EFFECTIVE DATE: April 20, 2003
AGENCY CONTACT PERSON: Pamela F. Coutts, Acting Director
AGENCY NAME: Bureau of Alcoholic Beverages & Lottery Operations
ADDRESS: 8 State House Station, Augusta, ME 04333-0008
TELEPHONE: (207) 287-6762


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 8, Endangered Species (8.05 Essential Habitat for Species Designated as Endangered or Threatened)
ADOPTED RULE NUMBER: 2003-102
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule establishing 45 additions to areas protected as bald eagle nest sites; deletion of 16 previously designated Essential Habitats for bald eagles; a map correction for 1 previously designated Essential Habitat for bald eagles; and repeal and replacement of Essential Habitat maps with effective dates prior to May 31, 2002 in accordance with provisions of the State Endangered Species Act, Title 12, Subchapter V and Inland Fisheries and Wildlife Rules, Ch. 8.
EFFECTIVE DATE: April 19, 2003
AGENCY CONTACT PERSON: Mark Stadler, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5252


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