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Weekly Rulemaking Notices Contact Us Find It

October 19, 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/rules/.


PROPOSALS: none this week


ADOPTIONS

AGENCY: 09-137 Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Fall Season
ADOPTED RULE NUMBER: 2005-409
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the dates for the fall turkey hunting season occurring in WMDs 15, 16, 20, 21, 22, 23, 24, 25, and 26 as follows: From the Saturday preceding the Monday observance of Columbus Day in October to the second Saturday following the Monday observance of Columbus Day. Any person who possesses an archery license as provided in 12 MRSA 11109, may purchase a wild turkey hunting permit to hunting during this fall season. The bag limit during this season is 1 wild turkey of either sex and any age per permit holder. Only bow and arrow may be used to hunt wild turkey during this season.
EFFECTIVE DATE: October 12, 2005
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
E-MAIL: andrea.erskine@state.me.us


AGENCY: 10-144, Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 13, Targeted Case Management Services
ADOPTED RULE NUMBER: 2005-410
CONCISE SUMMARY: The rule expands case management services that are provided by a contracted agency to persons with mental retardation and/or autism to include persons eighteen years of age or older living independently in their own residence who do not receive residential staffing services funded by any MaineCare benefit. The changes in this rule will facilitate the transition of approximately 50 clients from case management services provided by DHHS staff to contracted agency services, at a cost of $174,000. This will allow DHHS to continue to serve the increasing number of persons with mental retardation and/or autism at current ratios as mandated by the Community Consent Decree. DHHS anticipates an additional 20 persons each year will transition over to private case management services, resulting in an increase of approximately $70,000 per year. The rule changes also include updates for Departmental names and standard references to numbers.
See http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 1, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle, Assistant Director for Policy
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 09-137 Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.00, Wildlife Management Districts, Antlerless Deer Hunting Restrictions
ADOPTED RULE NUMBER: 2005-412
CONCISE SUMMARY: In accordance with Title 12 MRSA 7457, subsection 1(H), the Commissioner of Inland Fisheries and Wildlife has adopted changes to the Wildlife Management Districts in order to consolidate areas with similar physical/habitat characteristics and deer densities. This change affects WMDS 25, 26, 27, 28, 29 and 30. This change results in the reduction of WMDs from 30 to 29. In addition, road/route references have been updated throughout the WMDs as a result of E911 implementation. These changes take effect with the beginning of the Spring Wild Turkey Hunting Season in 2006.
EFFECTIVE DATE: May 1, 2006
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: 09-137 Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01(G.l and 1.b.), Furbearing Animals, Beaver Trapping Season Dates and Closures
ADOPTED RULE NUMBER: 2005-413
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing beaver trapping season dates and individual township openings and closings for the beaver trapping Townships or portions thereof are opened and closed on an individual basis to manage local beaver populations within the general season framework.
A copy of the rule may be obtained from the agency contact person.
EFFECTIVE DATE: October 17, 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
E-MAIL: Andrea.Erskine@Maine.gov


AGENCY: 02-029 - Department of Professional and Financial Regulation, Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 136 (Regulation #36), Deposit Production Offices
ADOPTED RULE NUMBER: 2005-414
CONCISE SUMMARY: Recent law changes have amended the statutes which prohibit the operation of a deposit production office to more closely align them with federal law. The Bureau of Financial Institutions proposed to amend Ch. 136 (Regulation 36) to implement those changes in statute. The amended rule provides a de minimis percentage threshold of deposits under which all financial institutions authorized to do business in Maine would be considered to be in compliance with the rule. The amended rule reduces the reporting requirements on Maine financial institutions and credit unions by eliminating the annual Branch Loan and Deposit/Share Survey.
EFFECTIVE DATE: October 17, 2005
AGENCY CONTACT PERSON: John Barr, Attorney
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8570


AGENCY: 10-144 - Department of Health and Human Services, Office of Maine Care Services
CHAPTER NTIMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. I, General Administrative Policies and Procedures, Section 1.04-1, Additional Considerations for Eligibility
ADOPTED RULE NUMBER: 2005-415
CONCISE SUMMARY: This emergency rule amends the Ch. I, General Policies and Procedures, Section 1.04-1, Additional Considerations for Eligibility rules that would have reduced the benefit package for non-categorical adults receiving MaineCare coverage under the Health Insurance Flexibility and Accountability (HIFA) waiver effective October 14, 2005. The Department is extending the implementation date of the reduction in non-categorical services to December 5, 2005.
Additionally, this amendment allows non-categorical adults additional time to request MaineCare based on disability. For those non-categorical adults who request a disability determination prior to November 15, 2005, their non-categorical benefits will not be reduced prior to the disability decision. If they are denied disability and choose to appeal that decision, their non-categorical benefits will not be reduced until a Final Decision is issued through the administrative hearing process.
See http://www.maine.gov/bms/rules/gen_recently_adopted.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 14, 2005 - January 11, 2006
AGENCY CONTACT PERSON: Linda Schumacher, Health Planner
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
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 930, Solar Energy Rebate Program
ADOPTED RULE NUMBER: 2005-416
CONCISE SUMMARY: To implement the solar energy rebate program, including procedures and standards for demonstrating qualifications for a solar energy system rebate.
EFFECTIVE DATE: October 19, 2005
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831