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Weekly Rulemaking Notices Contact Us Find It

May 29, 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: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services

RULE TITLE OR SUBJECT: Ch. 304, Returns and Payments
PROPOSED RULE NUMBER: 2002-P140
CONCISE SUMMARY: This rule establishes requirements for the filing of sales and use tax returns and the payment of associated taxes. The rule is being repealed and replaced in conjunction with changes to the sales tax report filing frequencies made by the State Tax Assessor pursuant to Title 36 MRSA section 1951-A.

RULE TITLE OR SUBJECT: Ch. 207, Real Estate Transfers
PROPOSED RULE NUMBER: 2002-P141
CONCISE SUMMARY: This rule sets forth the State Tax Assessor's construction of the recently-enacted statute applying the real estate transfer tax to the transfer or acquisition of a "controlling interest" in an entity with a fee interest in real property located in this state. The proposed rule provides relevant definitions, explanations of various aspects of the tax, and examples of how the tax applies to certain circumstances.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA 112
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: June 28, 2002
AGENCY CONTACT PERSON: David E. Bauer, Esq., General/Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 94-457 - Finance Authority of Maine

RULE TITLE OR SUBJECT: Ch. 615, Supplemental Loan Program For Health Professions
PROPOSED RULE NUMBER: 2002-P142
CONCISE SUMMARY: This rule implements the authority's supplemental loan program, which funds loans to finance the cost of attendance in graduate health professions programs. The funds are provided through the issuance of the tax-exempt bonds. This rule establishes the eligibility criteria and program guidelines.
STATUTORY AUTHORITY: 10 MRSA 961 and following and in 20-A MRSA Ch. 417-B and Ch. 424


RULE TITLE OR SUBJECT: Ch. 607, Access to Medical Education and Health Professions Loan Programs
PROPOSED RULE NUMBER: 2002-P143
CONCISE SUMMARY: The Rule Amendment adds a definition of large animal. The amendment also makes several changes so that the rule complements the Authority's Supplemental Loan Program for Health Professions. These include an increase in the maximum loan amount to $25,000 and a modification of the interest rate on the loans so that it is based on a spread for the bond yield on the tax-exempt bonds underlying the Supplemental Loan Program for Health Professions.
STATUTORY AUTHORITY: 10 MRSA 961, P.L. 1999, Ch. 496, 20-A MRSA Ch. 426

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: June 20, 2002, 10:00 a.m., Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before June 20, 2002 but will be accepted on or before July 1, 2002. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #07-02
PROPOSED RULE NUMBER: 2002-P144
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, 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, June 21, 2002, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: June 21, 2002
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & III, Section 25, Dental Services
PROPOSED RULE NUMBER: 2002-P145
CONCISE SUMMARY: This rule will implement coverage for hygienist services in several new health care settings, including settings approved under the newly expanded Public Health Supervision status. This rule requires the provision of certain case management requirements for dentists and increases certain restorative reimbursement rates. Many additional changes include the removal of many prior authorization requirements and clarifications of covered services. Ch. III, Allowances for Dental Services is completely reformatted.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: June 19, 2002, 1:00 p.m.
Location: Large Conference Room #3, Department of Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 5, 2002.
DEADLINE FOR COMMENTS: July 1, 2002
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34.10, Maine Groundfish Management Plan
PROPOSED RULE NUMBER: 2002-P146
CONCISE SUMMARY: The proposed regulations will adopt, through the regular rule-making process, emergency amendments that become effective May 22, 2002 deemed necessary to complement and support the Court ordered remedy entered by the United States District Court for the District of Columbia on April 26, 2002, in connection with the lawsuit filed in Conservation Law Foundation v. Evans. The Court's remedy in that case requires the implementation, by NMFS, of a comprehensive suite of management measures intended to significantly reduce fishing mortality and bycatch, applies in federal waters to the limits of the Exclusive Economic Zone (EEZ), and began May 1, 2002. The proposed measures in Maine's territorial waters are intended for consistency with the federal regulations and include a mesh size increase to 6.5 inches; gear sizes and limits; commercial fishing rules on cod size increases to 22 inches; recreational fishing of cod and haddock increases in size to 23 inches (haddock effective August 1st in agreement with the Court Remedy date); recreational possession limits of cod and haddock, split into two seasons, April 1 - November 30 (10 cod and/or haddock per person per vessel) and December 1 - March 31 (10 cod and/or haddock with no more than 5 cod maximum per person per vessel); and a commercial vessel limit of 400 pounds of cod per day.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled, one may be requested.
DEADLINE FOR COMMENTS: Friday, June 28, 2002
AGENCY CONTACT PERSON: Lewis N. Flagg. Mail written comments to: attn: Laurice Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
WEB SITE: www.maine.gov/dmr/rulemaking


AGENCY: 02-318 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Electricians' Examining Board
RULE TITLE OR SUBJECT: Ch. 120, Electrical Installation Standards
PROPOSED RULE NUMBER: 2002-P147
CONCISE SUMMARY: The rule indicates the Board's intent to adopt the 2002 edition of the National Electrical Code for electrical installations with the following exceptions:
* The Board will not adopt Article 80, Administration and Enforcement;
* The Board adopts Article 210.12(B) with an amendment to exclude the dedicated circuit supplying only smoke detectors; and
* The Board will not adopt Article 334.12(A)(1), Uses Not Permitted.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 1153 and 1153-A
PUBLIC HEARING: None Scheduled; one may be requested.
DEADLINE FOR WRITTEN COMMENTS: July 5, 2002
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8605


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
CAPTER NUMBER AND TITLE: Ch. 34.10, Maine Groundfish Management Plan - EMERGENCY
ADOPTED RULE NUMBER: 2002-151
CONCISE SUMMARY: These emergency regulations are necessary to complement and support the Court ordered remedy entered by the United States District Court for the District of Columbia on April 26, 2002, in connection with the lawsuit filed in Conservation Law Foundation v. Evans. The Court's remedy in that case requires the implementation, by NMFS, of a comprehensive suite of management measures intended to significantly reduce fishing mortality and bycatch, applies in federal waters to the limits of the Exclusive Economic Zone (EEZ), and began May 1, 2002. The adopted measures in Maine's territorial waters are intended for consistency with the federal regulations and include a mesh size increase to 6.5 inches; gear sizes and limits; commercial fishing rules on cod size increases to 22 inches; recreational fishing of cod and haddock increases in size to 23 inches (haddock effective August 1st in agreement with the Court Remedy date); recreational possession limits of cod and haddock, split into two seasons April 1 - November 30 (10 cod and/or haddock per person per vessel) and December 1 - March 31 (10 cod and/or haddock with no more than 5 cod maximum per person per vessel); and a commercial vessel limit of 400 pounds of cod per day.
EFFECTIVE DATE: Wednesday, May 22, 2002
AGENCY CONTACT PERSON: Lewis N. Flagg. Mail written comments to: attn: L. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
Web site: www.maine.gov/dmr/rulemaking


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Immunization Requirements for School (joint rule: Ch. 126 for the Department of Education, Ch. 261 for the Department of Human Services)
ADOPTED RULE NUMBER: 2002-155, 2002-156
CONCISE SUMMARY: The purpose of this rule, issued jointly by the Commissioner of Education and the Bureau of Health, Department of Human Services, is to add the varicella (chickenpox) vaccine to the required schedule of immunizations and to change the standard for immunization exemptions to eliminate "moral" and "other personnel reasons" in accordance with the governing statute.
EFFECTIVE DATE: June 20, 2002
AGENCY CONTACT PERSON: DeEtte Hall
AGENCY NAMEE: Department of Education
ADDRESS: 23 State House Station, Burton Cross Building, 5th Floor, Augusta, ME 04333
TELEPHONE: (207) 624-6688


AGENCY: 05-071 - Joint rule between State Board of Education and Maine Department of Education
CHAPTER NUMBER AND TITLE: Ch. 125, Basic Approval Standards: Public Schools and School Administrative Units
ADOPTED RULE NUMBER: 2002-157
CONCISE SUMMARY: This rule applies to all public schools and to schools that are approved by the Department of Education. The rule replaces the School Improvement Plan with the Comprehensive Education Plan, which encompasses all plans required by the Department through statute or rule. It clarifies all school approval requirements, in alignment with the system of Learning Results, in the following categories: Curriculum and Comprehensive Assessment System, Instructional Time, School Unit Organization and School Size, Educator Quality, Instructional Support Resources, School Health Services and Safety Procedures, Facilities, and Records and Reports. It establishes basis and process for the Commissioner to conduct School Reviews & Inspections. It specifies the conditions for receiving or being denied school approval status, and provides for waivers.
EFFECTIVE DATE: May 27, 2002
AGENCY CONTACT PERSON: Dr. Judith Lucarelli, Deputy Commissioner
AGENCY NAME: State Board of Education and Maine Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6620


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #06-02
ADOPTED RULE NUMBER: 2002-158
CONCISE SUMMARY: Minimum June, 2002 Class I price is $14.28 plus $.15/cwt. Producer Cost of Production and an over order premium of $1.00/cwt. as being prevailing in southern New England for a total of $15.43. Class II minimums set at $12.03 which includes $.15/cwt. for Cost of Production. 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: June 1, 2002
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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