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Weekly Rulemaking Notices Contact Us Find It

June 15, 2005
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: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 24, Home Energy Assistance Program Rule (hearing rescheduled)
PROPOSED RULE NUMBER: 2005-P128
CONCISE SUMMARY: The purpose of the proposed amendment to the Home Energy Assistance Program Rule (the "Rule") is to: (i) clarify that railroad cars, buses and homeless shelters are excluded from the definition of "Dwelling Unit"; (ii) clarify that a person must qualify as a separate Household and have a rental agreement to be included in the definition of "Roomer"; (iii) clarify the documentation required in order to determine an Applicant's eligibility for HEAP; (iv) clarify that transportation to medical appointments constitutes a medical expense for purposes of determining an applicant's eligibility for HEAP; (v) increase the one-time benefit amount paid to residents of subsidized housing with heat included in the rent for the beginning of the new 2005/2006 Program Year and ending on September 30, 2011; (vi) update the Rule to clarify that MSHA may simultaneously contract with each Subgrantee to administer the Programs under the Rule, and provide benefits directly in connection therewith, and to provide that MSHA may make prepayments, installment payments and advances with or without interest related thereto; (vii) provide MSHA with greater flexibility in Subgrantee selection and to update the Subgrantee selection criteria to include the requirement that a Subgrantee have an acceptable schedule for the taking of applications, and the ability to perform outreach activities for, and serve, homebound recipients; (viii) clarify that the amount of the annual allocation of HEAP funds to each Subgrantee shall not include any amount of HEAP funds allocated to MSHA to pay HEAP benefits in the event MSHA elects to provide benefits directly; (ix) clarify in the Rule the rights, responsibilities and obligations of MSHA and each Subgrantee in connection with HEAP and the Energy Crisis Intervention Program ("ECIP") in the event that MSHA elects to pay HEAP and ECIP benefits directly; (x) update the list of Subgrantee responsibilities in order to clarify that work plans, budgets, monthly status reports and other such reports and information must be submitted to MSHA in connection with the administration of HEAP; (xi) provide for the timely and efficient processing of applications for HEAP and awards of benefits through, among other things, the completion and review of applications with Applicants by telephone; (xii) clarify when a Subgrantee should use the actual energy consumption method or the design heat load calculation method in computing HEAP benefits; (xiii) clarify the process for payment of benefits to Vendors; (xiv) update the Rule to provide that MSHA may use HEAP funds to make prepayments, installment payments and advances to Vendors in connection with the provision of Home Energy benefits, the administration of HEAP and to repay with interest any prepayments, installment payments and advances made by MSHA with MSHA funds for such purposes; (xv) modify the Rule to specify that (a) the price of any Home Energy deliveries paid with HEAP benefits shall not exceed the lesser of any maximum delivery price agreed upon between the Vendor and MSHA pursuant to any Vendor Agreement and the Cash Price, (b) that a HEAP Household participating in a Supplier Payment Plan must have a signed agreement from the Vendor stating the terms of the agreement, and also explaining that any price for Home Energy deliveries paid for with HEAP benefits shall not exceed the lesser of any maximum delivery price agreed upon between the Vendor and MSHA pursuant to any Vendor Agreement and the Cash Price, (c) that if a HEAP Household does not participate in a Supplier Payment Plan, then the Cash Price continues to apply, except that the price of Home Energy deliveries paid for with HEAP benefits shall not exceed the lesser of any maximum delivery price as agreed upon between the Vendor and MSHA pursuant to any Vendor Agreement and the Cash Price; (xvi) modify the Rule to provide directly for the return of any credit balance to MSHA, or the Subgrantee if MSHA requires the Subgrantee to pay the benefits, in the event a household moves out of the State of Maine or does not receive deliveries or other services after twelve (12) months; and (xvii) make minor technical and grammatical changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4722(1)(W), 4741(15), and 4991 et seq.
PUBLIC HEARING: In order to consider additional proposed amendments to the Home Energy Assistance Program Rule the Public Hearing scheduled for June 21,2005, at 9:30 a.m. has been rescheduled for July 5, 2005, 10:00 a.m., at Maine State Housing Authority, 41 Anthony Avenue, Augusta, ME 04330. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: July 15, 2005,5:00 p.m.
AGENCY CONTACT PERSON: Peter Wintle, EHS Division Director, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual: Subsection 20.1, Prisoner Discipline (hearing rescheduled)
PROPOSED RULE NUMBER: 2005-P130
CONCISE SUMMARY: The Maine Department of Corrections is proposing revisions to the existing policy, procedures, and rules governing prisoner discipline pursuant to Title 34-A, MRSA, Section 3032. These revisions include minor changes in terminology, the addition of new disciplinary violations, modification of the class of several disciplinary violations, clarification of and minor revisions to the disciplinary process, addition of a sanction of the removal of all previously grandfathered property from the facility upon the prisoner's conviction of a Class A or B disciplinary violation and a sanction of non-contact visitation for drug or tobacco violations, equalizing the consequences for programming for a prisoner convicted of a drug or alcohol violation and revision to the standard of proof for a disciplinary violation involving "possession". All revisions are underlined to assist the reader.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA 3032
PUBLIC HEARING: Wednesday, July 6, 2005 from 10 a.m. - 11 a.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 16, 2005
AGENCY CONTACT PERSON: Ellis King, Department of Corrections, State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Ch. 1, General Provisions, Fee Schedule
PROPOSED RULE NUMBER: 2005-P132
CONCISE SUMMARY: Ch. 1 of the Commission's rules establishes a fee schedule for the Commission. Certain fee provisions mirror fee requirements stated in Maine statute, specifically 12 MRSA, 685-B(2)(B). LD 117 of the 122nd Legislature amended this section of law eliminating a fee exemption for petitions to rezone land from management district to development district. The Commission is proposing to make a change in its fee schedule to mirror this change in law.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 684 and 685-C(3) and (5)
PUBLIC HEARING: No public hearing will be held.
DEADLINE FOR COMMENTS: Monday, July 18, 2005
AGENCY CONTACT PERSON: Catherine M. Carroll, Director
AGENCY NAME: Land Use Regulation Commission, Department of Conservation
ADDRESS: 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-4930
E-MAIL: catherine.m.carroll@maine.gov


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 323, Electronic Business Transactions Standards
PROPOSED RULE NUMBER: 2005-P133
CONCISE SUMMARY: This rule establishes business processes and defines electronic transactions necessary to support retail competition as of March 1, 2000. The rule adopts the Maine Electronic Business Transactions (EBT) Standards appended to this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301, 3202(1) and (2), and 3203(9)
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: July 18, 2005
AGENCY CONTACT PERSON: Paula J Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


ADOPTIONS

AGENCY: 09-137 Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amend and Repeal and Replace Portions of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting
ADOPTED RULE NUMBER: 2005-198
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing an order of launch for commercial whitewater rafting for 2005; changing the requirements for personal flotation devices; cleaning up statutory citations as a result of recodification and making minor amendments to medical kit requirements, watercraft identification, and reporting requirements.
STATUTORY AUTHORITY: 12 MRSA 12909, 12910, 12913
EFFECTIVE DATE: June 12, 2005
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201.


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: 2005-199
CONCISE SUMMARY: In accordance with Title 12 MRSA, Section 11152, the Commissioner of Inland Fisheries and Wildlife has adopted Antlerless Deer Hunting Restrictions for the 2005 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 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 150 permits
WMD 5 - 250 permits
WMD 6 - 225 permits
WMD 7 - 675 permits
WMD 8 - 825 permits
WMD 9 - 400 permits
WMD 10 - 200 permits
WMD 11 - 150 permits
WMD 12 - 1,400 permits
WMD 13 - 1,950 permits
WMD 14 - 450 permits
WMD 15 - 3,625 permits
WMD 16 - 6,300 permits
WMD 17 - 14,700 permits
WMD 18 - 375 permits
WMD 19 - 0 permits
WMD 20 - 4,425 permits
WMD 21 - 4,900 permits
WMD 22 - 6,000 permits
WMD 23 - 12,300 permits
WMD 24 - 3,300 permits
WMD 25 - 3,700 permits
WMD 26 - 3,775 permits
WMD 27 - 50 permits
WMD 28 - 0 permits
WMD 29 - 0 permits
WMD 30 - 600 permits
TOTAL - 70,725
All other antlerless deer regulations in effect in 2005 shall remain the same.
EFFECTIVE DATE: June 12, 2005
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

AGENCY: 02-288 - Board of Licensure of Architects, Landscape Architects and Interior Designers
CHAPTER NUMBER AND TITLE: Ch. 2, Rules for Architects, Landscape Architects and Interior Designers
ADOPTED RULE NUMBER: 2005-200
CONCISE SUMMARY: The board amended Sections 3 and 7 of this chapter. The amendments repealed outdated examination provisions for architect, landscape architect and interior designer applicants. Repeal of these outdated provisions eliminated inconsistencies with standards set by the national testing organizations for each license type. In particular, the amendment of Section 3(F) of this chapter allows architect applicants five years to pass all sections of the examination, as opposed to the three-year limited formerly imposed by that section.
In addition, the amendments repealed the fee schedule formerly contained in this chapter. License fees are now established in Ch. 10 of the rules of the Office of Licensing and Registration.
EFFECTIVE DATE: June 12, 2005
AGENCY CONTACT PERSON: Carol J. Leighton
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520