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December 26, 2002
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 (Thursday this week because of the holiday) 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:
01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Informational meeting and consideration of Cost
of Milk Production in Maine
PROPOSED RULE NUMBER: 2002-P306
CONCISE SUMMARY: The Maine Milk Commission will hold an informational
meeting and consider changes to Ch. #26 "Cost of Milk Production in
Maine."
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA §2954 & 5 MRSA §8054
PUBLIC HEARING: 10:00 a.m., Tuesday, January 14, 2003, Washington Room,
Augusta Civic Center, Civic Center Drive, Augusta, Maine 04333
DEADLINE FOR COMMENTS: January 14, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta,
Maine 04333
TELEPHONE: (207) 287-3741
AGENCY:
06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 579, Classification Attainment Evaluation
Using Biological Criteria for Rivers and Streams
PROPOSED RULE NUMBER: 2002-P308
CONCISE SUMMARY: The Water Statute, Title 38 Article 4-A §464.5, requires
the Board of Environmental Protection to promulgate rules necessary
to implement the water quality classification system and specifically
directs promulgation of rules for the evaluation of impacts on the resident
biological communities of rivers and streams. This rule addresses the
directive by codifying the technical procedures used by the Department
of Environmental Protection to determine attainment of statutory aquatic
life standards.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Water Statutes Title 38 Article 4-A, Water Classification
Program §464.5. (An Act to Amend the Classification System for Maine
Waters)
PUBLIC HEARING: 2:00 p.m., January 16, 2003, Ground Round, Augusta,
Maine
DEADLINE FOR COMMENTS: 4:00 p.m., February 3, 2003
AGENCY CONTACT PERSON: Susan P. Davies
AGENCY NAME: Maine Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287-7778
E-MAIL: susan.p.davies@maine.gov
A copy of the proposed rule is posted at www.maine.gov/dep/blwq/rule.htm
or it may be requested from Susan Davies at (207) 287-7778.
AGENCY:
01-026 - Department of Agriculture, Food and Rural Resources, Board
of Pesticides Control
RULE TITLE OR SUBJECT: Board of Pesticides Control Rules:
Amendment to Ch. 10, Definitions and Terms
Amendment to Ch. 24, Pesticide Storage Facility Standards/Pesticide
Distributors
Amendment to Ch. 31, Certification & Licensing Provisions/Commercial
Applicators
Amendment to Ch. 50, Record Keeping & Reporting Requirements
Amendment to Ch. 51, Notice of Aerial Pesticide Applications
PROPOSED RULE NUMBER: 2002-P315
CONCISE SUMMARY: The Board is proposing a series of housekeeping amendments
to make minor changes to these five chapters as follows: (1) to amend
Ch. 10 to incorporate new definitions from recently adopted Ch. 27 as
well as substitute "wetlands of special significance for the obsolete
terms Class I and Class II wetlands; (2) to amend Ch. 24 to substitute
"wetlands of special significance" for the obsolete terms Class I and
Class II wetlands; (3) to also amend Ch. 24 to incorporate recent policies
regarding proximity to foods and placement of signs in self-service
sales areas; (4) to amend Ch. 31 to incorporate a recent policy requiring
the licensed person to be physically present on the property of the
client the entire time it takes an unlicensed employee to complete the
application; (5) to amend Ch. 31 to create a new subcategory for persons
performing sewer line root control; (6) to amend Ch. 50 to clarify the
requirements for commercial applicators to file annual reports; and
(7) to amend Ch. 51 to increase the minimum time from three to seven
days for companies to provide notices to the Board and Maine Poison
Center of their plans to conduct a non-agricultural aerial pesticide
application.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8051 et seq., 7 MRSA §§ 601-625
and 22 MRSA §§ 1471-A-X.
PUBLIC HEARING: 9:30 a.m. on Friday, January 17, 2003, Kennebec Room,
Ramada Inn, 357 Odlin Road, Bangor
DEADLINE FOR COMMENTS: 4:00 p.m. on Friday, January 31, 2003
AGENCY CONTACT PERSON: Robert 1. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 287-7548
E-MAIL: robert.batteese@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/rules.htm
AGENCY:
04-058 - Department of Conservation, Bureau of Forestry (Maine Forest
Service)
RULE TITLE OR SUBJECT: Ch. (New), Certified Resource Manager
Grant Program
PROPOSED RULE NUMBER: 2002-P316
CONCISE SUMMARY: This rule establishes standards for the administration
of and eligibility for a grant program to encourage Maine foresters
to obtain initial, independent 3rd party certification as an exemplary
forest resource manager.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Ch. 801-A; PL 2001 c. 439, Pt. KKKK, §1
PUBLIC HEARING: none scheduled; one may be requested.
DEADLINE FOR COMMENTS: 5:00 p.m. local time, 28 January, 2003
AGENCY CONTACT PERSON:
AGENCY NAME: Donald J. Mansius
ADDRESS: Maine Forest Service, 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4906
FAX: (207) 287-8422
E-MAIL: donald.mansius@maine.gov
AGENCY:
17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Ch. (New), Transit Bonus Payment Program
Rules
PROPOSED RULE NUMBER: 2002-P317
CONCISE SUMMARY: Municipalities that increase their support for Public
Transit above their Fiscal Year 2001 contribution will be given a like
increase in their Urban Rural Initiative Program (URIP) payment. That
increase will be above and beyond their standard URIP payment but must
be used only for the purposes authorized in the URIP Program. This amount
will be calculated during the URIP certification process based on documentation
of the increased contribution to public transit. This payment will be
available to municipalities who increase support to either seasonal
or year round scheduled transit of at least 5 days per week. This is
for services that have been in operation for at least 3 years. Payments
will begin in State Fiscal Year '04.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA §1807
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 27, 2003
AGENCY CONTACT PERSON: Barbara Donovan
AGENCY NAME: Department of Transportation
ADDRESS: Office of Passenger Transportation, 16 State House Station,
Augusta, ME 04333-0016
TELEPHONE: (207) 624-3250
AGENCY:
94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 607, Amendment 6: Access to Medical
Education and Health Professions Loan Programs
PROPOSED RULE NUMBER: 2002-P318
CONCISE SUMMARY: The Rule Amendment adds a definition of large animal
to further describe the clinical rotation that Veterinary Access students
must complete and for purposes of prioritizing the award of Health Professions
loans. The Rule Amendment also extends the beginning of the loan repayment
period from 3 to 6 months following conclusion of education, which is
consistent with federal student loan repayment schedules. Finally, the
Rule Amendment changes the Maine residency requirement from one year
prior to application to medical school to one year prior to matriculation
at medical school.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §969-A(14), 20-A MRSA §12107
PUBLIC HEARING: 10:30 a.m., January 16, 2003, Finance Authority of Maine,
5 Community Drive, Augusta, Maine.
DEADLINE FOR COMMENTS: Written comments are requested on or before January
16, 2003 but will be accepted on or before January 27, 2003. Oral or
written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant 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:
94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program
PROPOSED RULE NUMBER: 2002-P319
CONCISE SUMMARY: The rule amendment implements the NextGen Scholarship
programs. It also eliminates all references to the Procedures and Guidelines
and makes other minor changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §961, P.L. 1999, Ch. 496, 20-A MRSA Ch.
426
PUBLIC HEARING: 10:30 a.m., January 16, 2003, Finance Authority of Maine,
5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before January
16, 2003, but will be accepted on or before January 27, 2003, 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
ADOPTIONS
AGENCY:
02-383 - Department of Professional and Financial Regulation, Board
of Osteopathic Licensure
CIIAPTER NUMIBER AND TITLE: Ch. 17, Physician/Physician Assistant
- Patient Boundaries - Gifts
ADOPTED RULE NUMBER: 2002-475
CONCISE SUMMARY: The purpose of this rule is to identify under what
circumstances the giving or receiving of gifts by a physician or physician
assistant is considered as unprofessional conduct.
EFFECTIVE DATE: October 23, 2002
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor Street, Augusta, ME 04333-0142
TELEPHONE: (207) 287-2480
AGENCY:
03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 15, Batterer Intervention Program
Certification
ADOPTED RULE NUMBER: 2002-476
CONCISE SUMMARY: The Maine Department of Corrections is provisionally
adopting a proposal to revise the existing standards for the certification
of batterer intervention programs pursuant to 19-A MRSA, section 4014
to revise the Standards as a result of the 2002 biannual review. The
proposed revisions to the Batterer Intervention standards will result
in improved operation of the Batterer Intervention Programs.
EFFECTIVE DATE: December 23, 2002
AGENCY NAME: Maine Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE (207) 287-4342
© Department
of the Secretary of State
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