Weekly Rulemaking Notices Contact Us Find It

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/.

AGENCY: 01—015 — Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #06—05
PROPOSED RULE NUMBER: 2005—P106
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: May 20, 2005, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 20, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287—7521

AGENCY: 13—188 — Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 2.90(2)(G)(2), Renewal of Limited—purpose Aquaculture (LPA) License – Technical correction
ADOPTED RULE NUMBER: 2005—114
CONCISE SUMMARY: The Department adopts this amendment to the regulations for a limited—purpose aquaculture (LPA) license renewal application to remove the original application requirements referenced in this section. The citation to Ch. 2.90(2)(A—F) has been removed to clarify that the original application process is not required for an LPA renewal.
CHAPTER NUMBER AND TITLE: Ch. 9.01(A), Compliance and Ch. 9.07, Shellfish Aquaculture – Technical corrections
ADOPTED RULE NUMBER: 2005—115
CONCISE SUMMARY: The Department of Marine Resources has adopted the following changes to Ch. 9.01(A): rewritten the compliance paragraph for consistency with recent changes in Ch. 2.90 by removing and clarifying the reference to the “potential” for closures other than those for bacterial pollution and marine biotoxins; and changes to Ch. 9.07, which consists of repealing the citations to Ch. 10.04 and 14 pertaining to the “registration” for aquaculture of quahogs and European oysters that are out of date.
CHAPTER NUMBER AND TITLE: Ch. 10.04, Quahog: Registration and Labeling for Aquaculture – Repeals and updates
ADOPTED RULE NUMBER: 2005—116
CONCISE SUMMARY: The Department of Marine Resources has repealed the outdated section pertaining to registration for aquaculturists to hold undersized quahogs during grow out. This activity is now authorized by statute in 12 MRSA §6073—A Minimum size exemption; aquaculture. “Registered” aquaculturists has been replaced with updated statutory citations for applicable lease and LPA license holders. The rule also creates an exemption for persons holding a limited—purpose aquaculture license.
“Labeling” for aquaculture of quahogs has been recently updated in Ch. 9.06 and 15.18 in accordance with the National Shellfish Sanitation Program Model Ordinance for the sanitary control of shellfish and therefore this outdated section has been repealed for compliance and consistency. This rule adds citations to regulations in Ch. 9 and 15—20 that contain up—to—date regulations for the sanitary handling, transport, buying or selling of aquacultured quahogs. Related Ch. 21 – 24 are also cited.
CHAPTER NUMBER AND TITLE: Ch. 14, Oyster Regulations
ADOPTED RULE NUMBER: 2005—117
CONCISE SUMMARY: These amendments repealed the outdated rules pertaining to registration by aquaculturists to hold undersized quahogs during grow out. This activity is now authorized by statute in 12 MRSA §6073—A Minimum size exemption; aquaculture. This rule updates Ch. 14 by creating separate sections that apply to the European oyster and the American oyster. Definitions of each species of oyster are added and this chapter has been generalized by removing the term “European” from the chapter title. Sections 10 and 15 pertaining to European oyster have been consolidated into section 10 and updated. The exceptions to the minimum size and season of European oyster for aquaculturists are updated by referencing the newer statute 12 MRSA §6073—A, and exemptions are created for persons holding a limited—purpose aquaculture license.
“Labeling” for aquaculture of quahogs has been recently updated in Ch. 9.06 and 15.18 in accordance with the National Shellfish Sanitation Program Model Ordinance for the sanitary control of shellfish and therefore this outdated section has been repealed for compliance and consistency. This rule adds updated citations to regulations in Ch. 9 and 15—20 pertaining to the tagging (labeling), sanitation, licensing, handling, transport, buying and selling, etc. of shellfish.
CHAPTER NUMBER AND TITLE: Ch. 25.02, Close Time about Monhegan — Repeal
ADOPTED RULE NUMBER: 2005—118
CONCISE SUMMARY: Ch. 25.02, Close Time about Monhegan, has been repealed. This regulation was obsolete and out of date with 12 MRSA §6472 and regulations in Ch. 25.95(1)(B), pertaining to the time of open and closed seasons in the Monhegan Lobster Conservation area.
CHAPTER NUMBER AND TITLE: Ch. 25.93(F)(1)(b)(iv), Exit Ratios for Limited Entry Zones, Zone G (5:1)
ADOPTED RULE NUMBER: 2005—119
CONCISE SUMMARY: The Department of Marine Resources has adopted the 5 to 1 exit ratio regulation in Ch. 25.93(F) after considering a survey of zone members and recommendation of the Zone G Council in accordance with 12 MRSA §6448. This amendment establishes an exit ratio of 5:1 for Zone G and outlines procedures for authorizing new zone entrants.
CHAPTER NUMBER AND TITLE: Ch. 35, Maine Fresh Groundfish Quality Control Program — Repeal
ADOPTED RULE NUMBER: 2005—120
CONCISE SUMMARY: Ch. 35 has been repealed based on lack of industry participation for many years. Implemented in 1982 these rules were no longer consistent with or in compliance with the Food and Drug Administration’s current rules contained in 21 C.F.R. §123, Fish and Fishery Products, and with the requirements for Hazard analysis and Hazard Analysis Critical Control Point plans that became effective in 1995.
CHAPTER NUMBER AND TITLE: Ch. 46, Maine Salmonid Production Quality Assurance Program — Repeal
ADOPTED RULE NUMBER: 2005—121
CONCISE SUMMARY: Ch. 46 has been repealed based on lack of industry participation for many years. Also, in accordance with recommendations by the Governor’s Task Force on the Planning and Development of Marine Aquaculture in Maine and Legislative changes effective July 30, 2004, the responsibility for the provision of sector promotional and marketing assistance for seafood products to the aquaculture industry has been transferred to the Department of Agriculture, Food and Rural Resources.
CHAPTER NUMBER AND TITLE: Ch. 47, Maine Mussel Select Grade Standard Program — Repeal
ADOPTED RULE NUMBER: 2005—122
CONCISE SUMMARY: Ch. 47 has been repealed based on lack of industry participation for many years. Also, in accordance with recommendations by the Governor’s Task Force on the Planning and Development of Marine Aquaculture in Maine and Legislative changes effective July 30, 2004, the responsibility for the provision of sector promotional and marketing assistance for seafood products to the aquaculture industry has been transferred to the Department of Agriculture, Food and Rural Resources. Also, many of these rules are no longer consistent with federal or state regulations for HACCP, handling, sanitation and licensing.
EFFECTIVE DATE: April 25, 2005
AGENCY CONTACT PERSON: Laurice U. Churchill
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—9584
FAX: (207) 633—9579
TTY: 287—4474 (Deaf/Hard of Hearing)

AGENCY: 01—015 — Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05—05
ADOPTED RULE NUMBER: 2005—123
CONCISE SUMMARY: Minimum May, 2005 Class I price is $18.05 plus $0.74/cwt. for Producer Margins and an over—order premium of $l.10/cwt. as being prevailing in Southern New England for a total of $20.09. Class II minimums set at $13.40 for March, 2005 which includes $0.15/cwt. Producer Margin. These changes were passed on in minimum prices.
Minimum prices can be found at: http://www.state.me.us/agriculture/ahi/mmc/prihis.htm
EFFECTIVE DATE: May 1, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287—7521

AGENCY: 10—144 — Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 104, Maine State Service Manual: Sections 2 and 3, Maine Drugs for the Elderly (DEL) Benefit, and Maine Rx Plus Benefit
ADOPTED RULE NUMBER: 2005—124
CONCISE SUMMARY: For both benefits, the rules expand the rural pharmacy incentive payment to allow pharmacies not located in rural areas, but serving large numbers of Maine Rx+ and/or DEL participants residing in rural areas, to obtain the incentive payment. Under these rules, the Department may issue a contract for the provision of generic drugs. The rule changes add a description of telepharmacy, an alternative method of delivering drugs dispensed by pharmacies to members at remote locations. The rules prohibit mail order pharmacies from automatically refilling prescriptions without the request of the participant. There are additional changes for the DEL benefit only, including increasing by $1 the co—payment for mail order prescriptions, to a total of 20% plus $2 of the reimbursement amount. This change makes the co—payment consistent with DEL legislative statute. The DEL rule also clarifies exemptions from prior authorization requirements for the DEL benefit.
See http://www.maine.gov/bms/rules/gen_other_rules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 5, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Provider Services, 442 Civic Center Drive, 11 State House Station, 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: 10—144 — Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Adopted Rule – Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2005—125
CONCISE SUMMARY: The rules add a description of the Drug Utilization Review (DUR) Committee. The rules also revise the rural pharmacy incentive payment to allow some pharmacies not located in rural areas, but serving large numbers of Maine Care members residing in rural areas, to obtain the incentive payment. Under these rules, participant providers may be required by the Department to obtain a generic drug from labelers or manufacturers with which the Department contracts. The Department will notify providers and give instructions for compliance with this provision.
The Department will no longer cover early refills for lost, stolen, or destroyed drugs. The final rules clarify that since A—rated generic drugs are both chemically and therapeutically equivalent, only the most cost—effective medically necessary version, whether generic or brand—name, is covered. The rules clarify exemptions for prior authorization requirements. The rule tightens criteria that pharmacies must meet to fill prescriptions through over—rides. The rule changes add a description of telepharmacy, an alternative method of delivering drugs dispensed by pharmacies to members at remote locations. The rule prohibits mail order pharmacies from automatically refilling prescriptions without the request of the member. In addition, other minor technical changes were made.
See http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: May 5, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy & Provider Services, 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)

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