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Weekly Rulemaking Notices Contact Us Find It

June 9, 2004
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: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: Ch. 12, Policy and Procedures Manual - Juvenile: Subsection 20.1, Furlough Pass Furlough Leave Program
PROPOSED RULE NUMBER: 2004-P137
CONCISE SUMMARY: The Maine Department of Corrections is adopting, on an emergency basis, a new policy, procedures, and rules governing the Furlough Pass / Furlough Leave Program Policy for Juvenile offenders. The Department's previous Leave Program was suspended pending an investigation of unauthorized practices. The investigation has now been completed and a new policy needs to be implemented immediately in order for the program to be reactivated and allow juveniles to participate in this program, which is necessary for their reintegration into the community upon release.
This rule, Ch. 12, Policy and Procedures Manual - Juvenile, Subsection 20.1, Furlough Pass Furlough Leave Program, is a new rule for the Maine Department of Corrections and does not repeal or replace any currently existing rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 34-A MRSA 3035
PUBLIC HEARING: Monday, June 28, 2004 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: July 12, 2004
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 594, State Contribution to Overboard Discharge Replacement Projects
PROPOSED RULE NUMBER: 2004-P138
CONCISE SUMMARY: This proposed amendment to the existing Ch. 594 rule contains changes to make the rule consistent with recent amendments to 38 MRSA 41I-A(2-A), 413(3) and 414-A(l-B). The amendments change the basis for reimbursement from property usage to annual income of the property owner for the previous year. The changes also provide reimbursement for replacements systems required by property transfers and reimbursement for system replacements required at time of relicensure. Additional changes include definitions for construction costs and property usage. Priority levels are changing and the process for developing a priority list is clarified. Eligible costs are clarified and grant percentage for multi-use properties is explained as a pro-rata share of all uses. The method of grant administration is being clarified to cover individual or town administered projects. Additional changes will clarify which documents are required for a contract, department notification before contract award, how payments will be made and clarification of inspection requirements for system installations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 411-A
PUBLIC HEARING: July 1, 2004 @ 1 p.m., Holiday Inn/Ground Round, 110 Community Drive, Augusta, ME
DEADLINE FOR COMMENTS: July 16, 2004
AGENCY CONTACT PERSON: Richard Green
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7765
Comments may be submitted by mail to the Agency Contact at the address above, by fax to Richard A. Green at (207) 287-7191 or by e-mail to richard.a.green@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submission by fax or e-mail is on the sender. The proposed 'draft rule' is available for review or download on the Department's web-site at the following address: http://www.maine.gov/dep/blwq/rule.htm


AGENCY: 07-102 - Governor's Office
CHAPTER NUMBER AND TITLE: Ch. 101, Establishment of the Capital Investment Fund
PROPOSED RULE NUMBER: 2004-P139
CONCISE SUMMARY: This proposed rule establishes the process to be used in determining the Capital Investment Fund each year. The Capital Investment Fund sets a limit on the level of resources allocated each year under Maine's Certificate of Need Program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 2 MRSA c. 5, 101, sub-section 1 paragraph (D); 102
PUBLIC HEARING: June 29, 2004, 9:00 a.m.
Location: Conference Room 1, Department of Human Services, 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: July 9, 2004
AGENCY CONTACT PERSON: Ellen Jane Schneiter
AGENCY: Governor's Office of Health Policy & Development, 15 State House Station, Augusta, ME 04333-0015
TELEPHONE: (207) 624-7442
FAX: (207) 624-7806
TTY: (207) 287-6548


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13, Watercraft (Motor Size Restrictions on Certain Inland Waters)
PROPOSED RULE NUMBER: 2004-P140
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations:
Runaround Pond, Town of Durham:
Motorboats over 10 horsepower prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7792
PUBLIC HEARING: June 29, 2004, Durham Elementary School, 654 Hallowell Road, Durham - 6:30 p.m.
DEADLINE FOR COMMENTS: July 9, 2004
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Proposed Repeal of Rule: Ch. 101, MaineCare Benefits Manual: Ch. VIII Section 1, Cub Care
PROPOSED RULE NUMBER: 2004-P141
CONCISE SUMMARY: The Department is proposing to repeal Ch. VIII Section 1, Cub Care because the eligibility sub-sections of the rule duplicate standards in the Bureau of Family Independence MaineCare Eligibility Manual. Other sub-sections of the rule ate not necessary to ensure access to services for this coverage group. See MaineCare Eligibility Manual, Section 9000, for rules for this coverage group.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173; 22 MRSA 3174-R
PUBLIC HEARING: None scheduled; one may be requested.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rulemaking documents.
DEADLINE FOR COMMENTS: July 9, 2004
AGENCY CONTACT PERSON: Linda Schumacher
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370 or 1 (800) 321-5557
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 596, Overboard Discharges: Licensing and Abandonment
PROPOSED RULE NUMBER: 2004-P142
CONCISE SUMMARY: This proposed amendment to the existing Ch. 596 rule contains changes to make the rule consistent with recent amendments to 38 MRSA 411-A(2-A), 413(3) and 414-A(1-B) due to PL 2003 Ch. 246, effective September 13, 2003. The proposed amendments add language to provide consistency and clarity with other chapters, adding necessary definitions and eliminating obsolete terms and sections of the current rule. In addition the proposed amendments include clarifications on discharge increases and seasonal use, site evaluation requirements and system replacement. Finally, the proposed amendments require implementation of best practicable treatment at all facilities, including those on remote islands.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 413(3), 414(3-A), 414-A(l)(B), 464(4)(A), 464(4)(G), 464(7), 464(8).
PUBLIC HEARING: July 1, 2004 @ 11:00 a.m., Holiday Inn/Ground Round, 110 Community Drive, Augusta, ME
DEADLINE FOR COMMENTS: July 16, 2004
AGENCY CONTACT PERSON: Pamela Parker
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7905
Comments may be submitted by mail to the Agency Contact at the address above, by fax to Pamela Parker at (207) 287-7191 or by e-mail to pamela.d.parker@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submission by fax or e-mail is on the sender. The proposed 'draft rule' is available for review or download on the Department's web-site at the following address: http://www.maine.gov/dep/blwq/rule.htm.


ADOPTIONS

AGENCY: 02-381 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Oil and Solid Fuel Board
CHAPTER NUMBER AND TITLE:
Ch. 3, Categories and Responsibilities of Licensure
Ch. 4, Qualifications for Licensure
Ch. 5, Use of Other License Authorities
Ch. 7, Adoption of Standards and Rules
Ch. 9, Installation of Oil Burning Equipment
ADOPTED RULE NUMBER: 2004-180 through 2004-184
CONCISE SUMMARY: The Board's rules were revised for the following reasons:
1. To implement Public Law Ch. 11 that allows a person successfully completing a one-year heating course at a Maine technical college consisting of 320 hours of study to sit for the journeyman examination and receive a license without licensed work experience.
2. To require an applicant from another state applying for a master oil license to provide proof of an equivalent license from another state or jurisdiction. The equivalent license must be for work performed installing and/or servicing oil burning equipment.
3. To implement Public Law Ch. 89 that allows licensed manufactured housing dealers and employees of dealers to be licensed by the Board as a Limited Tank Installer to install outside residential heating oil tanks at manufactured housing.
4. To require a licensed master to receive only one year of indirect supervision prior to applying for a master examination in a different license authority.
5. To adopt the most recent editions of NFPA standards for the installation of any oil and solid fuel burning equipment, chimneys, fireplace and vents in the State of Maine. The Board is proposing to adopt an exception to NFPA #211, Section 3.3.2.8, by requiring that heating space exceeding 25,000 cubic feet be provided with a commercial grade chimney.
6. To further clarify the requirements for the installation of oil burning equipment and repeal 9-22, Primary Safety Controls, Required Programming & Timings for Burner(s) since these requirements are covered in ASME CSD-1, a standard adopted by the Board.
EFFECTIVE DATE: June 6, 2004
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator, Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8605


AGENCY: 01-017 - Maine State Harness Racing Commission
CHAPTER NUMBER AND TITLE: Ch. 1, Administration: Section 10, Section 14, Section 17, Section 22
ADOPTED RULE NUMBER: 2004-185
CONCISE SUMMARY:
Section 10: The adopted rule brings the Commission rules into compliance with existing statutes by requiring owners to show proof of a $300,000 liability insurance policy.
Section 14: The adopted rule brings the Commission rules into compliance with registration requirements of the United States Trotting Association by allowing only the first born foal to be eligible to be registered except twins carried by the natural mother. Further, the subsection should have been numbered 8 and not 7.
Section 17: The adopted rule clarifies who is allowed to examine, treat or dispense medications in the paddock to horses that are scheduled to race that day. It also allows the Commission to designate an area where a veterinarian may examine, treat or dispense medications to horses that have been scratched or need emergency medical treatment.
Section 22: The adopted rule brings the Commission rules in alignment with other agencies within state government as it pertains to elapsed time between violations, which is standardized at ten years.
CHAPTER NUMBER AND TITLE: Ch. 3, Officials and Race Track Personnel: Section 4, Section 11
ADOPTED RULE NUMBER: 2004-186
CONCISE SUMMARY:
Section 4: The adopted rule corrects a spelling error.
Section 11: The adopted rule requires the licensed trainer, owner, groom, or a designated agent to roll the lip or show the freeze brand of all horses as a preventative measure against the spread of diseases.
CHAPTER NUMBER AND TITLE: Ch. 7, Racing: Section 7
ADOPTED RULE NUMBER: 2004-187
CONCISE SUMMARY:
Section 7: The adopted rule allows the starting judge to sound the recall in the event a horse comes to the gate out of position. The section number should have been 37 and not 7.
CHAPTER NUMBER AND TITLE: Ch. 9, Sire Stakes: Section 2, Section 3
ADOPTED RULE NUMBER: 2004-188
CONCISE SUMMARY:
Section 2: The adopted rule allows the Executive Director to grant written permission to move a stallion during the breeding season. It also brings the rule into compliance with the existing statute regarding transported semen.
Section 3: The adopted rule increases the yearling nomination fee from $10.00 to $20.00.
CHAPTER NUMBER AND TITLE: Ch. 11, Medication and Testing: Section 4
ADOPTED RULE NUMBER: 2004-189
CONCISE SUMMARY:
Section 4: The adopted rule adds certain drugs to the Class 1 Drug Classification. These new drugs are Erythopoietin (EPO), Darbepoietin, Oxyglobin, Hemopure and any other blood doping substances.
CHAPTER NUMBER AND TITLE: Ch. 17, Rule Violations and Penalties:
Section 5, Section 6, Section 21
ADOPTED RULE NUMBER: 2004-190
CONCISE SUMMARY:
Section 5: The adopted rule establishes minimum and maximum penalties for the various levels of violations and clarifies the type of test in the Level l Penalty category.
Section 6: The adopted rule corrects spelling errors, changing License to Licensee. Further it changes the suspensions from months to days and allows for both a fine and suspension.
Section 21: The adopted rule brings the Commission rules into compliance with existing statutes.
EFFECTIVE DATE: June 6, 2004
AGENCY CONTACT PERSON: Henry W. Jackson
AGENCY NAME: Maine State Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 3, Certificate Of Approval Process For Loring Development Authority Projects
ADOPTED RULE NUMBER: 2004-P191
CONCISE SUMMARY: This rule establishes the procedures, standards and fees applicable to the Authority's determination regarding the issuance of a Certificate of Approval for bonds to be issued by the Loring Development Authority.
EFFECTIVE DATE: June 7, 2004
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


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Adopted Rules: Ch. 104, Section 3, MaineRx Plus Benefit
ADOPTED RULE NUMBER: 2004-192
CONCISE SUMMARY: These rules permanently adopt an emergency rule regarding the Maine Rx Plus benefit. The emergency rule, filed March 18, 2004, added mail order pharmacy coverage for the benefit so that participants have immediate enhanced opportunity for access to prescription drugs when they voluntarily choose to receive their prescriptions through mail order in 90-day supplies. The Department is negotiating a lower reimbursement rate for this and other Department pharmacy benefits for the benefit of participants. As a result, Maine Rx Plus participants will be able to obtain prescriptions at considerably lower prices than they currently pay at retail pharmacies.
Rules and related documents may be reviewed and printed from the Bureau of Medical Services website at http://www.maine.gov/bms/Other%20Proposed.htm, or for a fee, interested parties may request a paper notice and copy by calling the Division of Policy and Provider Services at (207) 287-9368.
EFFECTIVE DATE: June 7, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle
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: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch 721, Rules for the Permanent Identification of Wolf Hybrids
ADOPTED RULE NUMBER: 2004-193
CONCISE SUMMARY: This chapter establishes and implements rules for the permanent identification of wolf hybrids using various forms of technology, including microchips or tattoos.
EFFECTIVE DATE: June 8, 2004
AGENCY CONTACT PERSON: Norma J. Worley
AGENCY NAME: Department of Agriculture - Animal Welfare Program
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3846


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Antlerless Deer Hunting Restrictions
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping
ADOPTED RULE NUMBER: 2004-194
CONCISE SUMMARY: In accordance with Title 12 MRSA 7457 sub-section 1(H), the Commissioner of Inland Fisheries and Wildlife has adopted Antlerless Deer Hunting Restrictions for the 2004 regular and special muzzle-loading deer hunting seasons. This establishes specific permit allocations for the 30 Wildlife Management Districts (WMD) as follows:

WMD 1 - 0 75 permits
WMD 2 - 0 100 permits
WMD 3 - 25 permits
WMD 4 - 100 375 permits
WMD 5 - 0 250 permits
WMD 6 - 0 permits
WMD 7 - 750 975 permits
WMD 8 - 650 875 permits
WMD 9 - 300 350 permits
WMD 10 - 300 200 permits
WMD 11 - 0 100 permits
WMD 12 - 1,900 1,800 permits
WMD 13 - 1,900 2,025 permits
WMD 14 - 400 450 permits
WMD 15 - 3,550 3,800 permits
WMD 16 - 6,500 7,525 permits
WMD 17 - 15,450 15,225 permits
WMD 18 - 200 400 permits
WMD 19 - 0 permits
WMD 20 - 4,500 4,400 permits
WMD 21 - 4,100 4,650 permits
WMD 22 - 5,350 6,600 permits
WMD 23 - 15,550 12,825 permits
WMD 24 - 3,500 3,400 permits
WMD 25 - 3,500 4,550 permits
WMD 26 - 3,250 4,275 permits
WMD 27 - 0 50 permits
WMD 28 - 0 permits
WMD 29 - 0 permits
WMD 30 - 850 permits
TOTAL - 72,600 76,150
All other antlerless deer regulations in effect in 2003 shall remain the same.
CHAPTER NUMBER AND TITLE: Ch. 4.03, Deer Hunting Seasons: (I), Open and Closed Season
ADOPTED RULE NUMBER: 2004-195
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule to open Swan's Island in the Town of Swan's Island, Hancock County, to the hunting of deer during any open deer- hunting season. All other laws and rules relating to deer hunting shall apply.
TYPE OF RULE: Motorsize Restrictions on Certain Inland Waters
CHAPTER NUMBER AND TITLE: Ch. 13. Watercraft Regulations
ADOPTED RULE NUMBER: 2004-196
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing a restriction on Upper Goose Pond located in the town of Shapleigh, York County. Motorboats will be prohibited on this body of water.
EFFECTIVE DATE: June 9, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201

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