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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
(207) 624-7650
FAX (207) 287-6545

December 5, 2001
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: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 33, Use of Timeout Rooms, Therapeutic Restraints, and Aversives in Public Schools and Approved Private Schools
PROPOSED RULE NUMBER: 2001-P290
CONCISE SUMMARY: These regulations establish standards for the use of separate, isolated timeout rooms and the use of therapeutic restraint when the. behavior of a student presents a risk of injury or harm to the student or others, significant property damage, or seriously disrupts the educational process and other less intrusive interventions have failed. Nothing in these rules would require an SAU or approved private-school to construct or use a timeout room or implement a program of therapeutic restraint. Schools that are licensed as residential child care facilities or mental health treatment centers and governed by other state standards shall comply with the higher standard. Nothing within these rules limits the protections of individual students under applicable special education standards.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA 4502.5
PUBLIC HEARING: none scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 4, 2002
AGENCY CONTACT PERSON: Dr. Judith Lucarelli
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, 04333-0023
TELEPHONE: (207) 624-6620


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #01-02
PROPOSED RULE NUMBER: 2001-P291
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, December 21, 2001, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333'
DEADLINE FOR COMMENTS: December 21, 2001
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-029 - Department of Professional & Financial Regulation, Bureau of Banking
RULE TITLE OR SUBJECT: Ch. 141, Annual Assessments - Nondepository Trust Companies, Uninsured Banks, and Merchant Banks
PROPOSED RULE NUMBER: 2001-P295
CONCISE SUMMARY: This regulation is being promulgated to establish the annual assessments paid by nondepository trust companies and uninsured banks or merchant banks that engage predominately in the business of a nondepository trust company. Copies of this rule may be obtained, and electronic comments may be filed, by accessing the Bureau of Banking Internet Home Page at http://www.maine.gov/pfr/bkg/bkghome.htm.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 9-B MRSA 214(2-b, 2-c) and 215
PUBLIC HEARING; None scheduled; one may be requested.
DEADLINE FOR COMAMNTS: January 4, 2002
AGENCY CONTACT PERSON:
NAME: Colette Mooney, Deputy Superintendent
ADDRESS: Bureau of Banking, 36 State House Station Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 574, Siting and Operation of Road Salt and Sand-Salt Storage Areas
ADOPTED RULE NUMBER: 2001-510
CONCISE SUMMARY: This rule describes the registration, siting and operational requirements that new sand/salt storage areas and some existing state and private sand/salt storage areas must meet in order to be exempt from having to obtain a waste discharge license. The rule also exempts sand/salt piles less than 100 cubic yards in size, establishes a compliance date of October 1, 2004 for existing sites, and describes guidelines for granting a variance from the siting and/or operational requirements of the rule.
EFFECTIVE DATE: December 3, 2001
AGENCY CONTACT PERSON: Tammy L. Gould
AGENCY NAME: Department of Environmental Protection
ADDRESS: Sand and Salt Pile Program. 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7814
E-MAIL: tammy.gould@maine.gov


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #12-01
ADOPTED RULE NUMBER: 2001-511
CONCISE SUMMARY: Minimum December, 2001 producer Class I price is $15.23 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 $16.38. Class II minimums set at $13.68 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/milk/homepage.html
EFFECTIVE DATE: December 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 611, Amendment 3: Maine College Savings Program
ADOPTED RULE NUMBER: 2001-512
CONCISE SUMMARY: The Rule amendment implements the matching grant, fee reduction and scholarship programs for Maine Program participants and beneficiaries. Additional changes are proposed to conform with federal tax code change requirements.
EFFECTIVE DATE: December 3, 2001
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


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