Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

April 30, 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. 25.93(F)(l)(b)(i), Exit Ratios for Limited Entry Zones - Zone D (Lobsters)
PROPOSED RULE NUMBER: 2003-P87
CONCISE SUMMARY: The Department of Marine Resources proposes these regulations under Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone D Council as contemplated by 12 MRSA 6448. These proposed changes would establish an exit ratio of 1:5 for Zone D and outline procedures for authorizing new zone entrants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6448
PUBLIC HEARING: Monday, May 19, 2003, 7:00 p.m., Rockland District Middle School Cafeteria, 30 Broadway, Rockland
DEADLINE FOR COMMENTS: Friday, May 30, 2003
AGENCY CONTACT PERSON: Terry Stockwell
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) 633-9556
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability, please contact Deborah Everett, at (207) 624-6567.


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 180, Early Intervention and Special Education for Children Age Birth to Under Age Six
PROPOSED RULE NUMBER: 2003-P90
CONCISE SUMMARY: These amendments to Section XII (Procedural Safeguards) of the rule clarify some language on parental consent to make it clear where due process rights are available in cases where parental consent is not given (XII.1(C)), to add language from the federal regulations re: attorneys' fees (XII.7(G)), and to add language from the federal regulations re: reimbursement to parents for private placements (XII.7(H)) to comply with United States Department of Education, Office of Special Education Programs' conditions for funding approval.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 7727(3)
PUBLIC HEARING):
None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 30, 2003; 5:00 p.m. (to be submitted to Child Development Services State Office-address below)
AGENCY CONTACT PERSON: Laurie Bertulli
AGENCY NAME: CDS State Office
ADDRESS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6660


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 101, Special Education Regulations
PROPOSED RULE NUMBER: 2003-P91
CONCISE SUMMARY These amendments to Ch. 101, which are narrow in scope, are being made to comply with the U.S. Department of Education, Office of Special Education Programs' (OSEP) conditions for funding approval. Section 12.11(C)
provides that a school district will no longer be able to override a parent's not giving consent for the initial provision of special education and related services. Section 11.15, Absence of Consent, is deleted. The amendment of Section 13.16, Hearing Expenditures/Attorneys' Fees, clarifies that Part B funds under I.D.E.A. (Individuals with Disabilities Education Act) may not be used to pay attorneys' fees - only local or state funds may be used. Section 12.11(S) now also provides the court or hearing officer's being able to require the public agency to reimburse the parent if the agency has not made FAPE (Free Appropriate Public Education) available in a timely manner prior to the enrollment of the student in a private school as well as provides that the parental placement may be found to be appropriate even if it does not meet State standards applicable to LEAs (Local Education Agencies) and the SEAs (State Education Agencies).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 7003
PUBLIC HEARING): None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, May 30, 2003 at 5:00 p.m., Department of Education, 5th Floor, Cross Office Building, Augusta
AGENCY CONTACT PERSON: Pauline Lamontagne, Due Process Coordinator
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6644


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #06-03
PROPOSED RULE NUMBER: 2003-P92
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class 1, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 1:30 p.m., Friday, May 23 2003, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: May 23, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS: no adoptions this week

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