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November 16, 2005
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 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
AGENCY:
01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 703, Rules for the Care and Treatment
of Elephants
PROPOSED RULE NUMBER: 2005-P294
CONCISE SUMMARY: This chapter establishes minimum requirements for the
care and treatment of elephants in the State of Maine. These rules reflect
the standards of the Animal and' Plant Health Inspection Service of
the United States Department of Agriculture on the Care and treatment
of animals.
Copies of this rule are available upon request by contacting the Agency
contact person listed below. Pursuant to Maine law, interested parties
must be publicly notified of the proposed rulemaking, and be provided
an opportunity for comment. Any party interested in providing public
comment can provide written comments before the end of the comment period.
All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: S.P. 109 - L.D. 327, Resolve Requiring the Department
of Agriculture, Food, and Rural Resources to adopt rules regarding care
and treatment of elephants.
PUBLIC HEARING: December 9, 2005, 1:30 p.m., AMHI Complex - Deering
Building, Room 319, Augusta, ME
DEADLINE FOR COMMENTS: December 23, 2005
AGENCY CONTACT PERSON: Norma J. Worley
AGENCY NAME: Department of Agriculture, Food, and Rural Resources
AGENCY ADDRESS: 28 State House Station, Augusta, ME 04330-0028
TELEPHONE: (207) 287-3846
AGENCY:
02-385 - Manufactured Housing Board
RULE TITLE OR SUBJECT: Ch. 110, State Certification of Manufactured
Housing - Authority, Energy Standards for Modular Housing
PROPOSED RULE NUMBER: 2005-P295
CONCISE SUMMARY: The board proposes to amend Ch. 110 of the board's
rules by:
* Adding an energy code to apply to state-certified manufactured housing
installed in Maine. The energy code sets forth minimum design and construction
requirements related to energy efficiency in one- and two-family modular
homes. The energy code does not apply to mobile homes.
* Requiring state-certified housing to comply with the following codes,
in addition to the codes currently designated in Ch. 110 -
- ASHRAE Standard 55-2004
- Thermal Environmental Conditions for Human Occupancy (American Society
of Heating, Refrigerating and Air-Conditioning Engineers, Inc., published
2004);
- NFRC 100-2004 - Procedure
for Determining Fenestration Product U-Factors (National Fenestration
Rating Council, Inc., implementation date January 1, 2005); and
- United State Department
of Energy, (DOE) 10 CPR Part 430, Subpart B, Appendix N, entitled, "Uniform
Test Method for Measuring the Energy Consumption of Furnaces and Boilers"
(January 1,2005).
* Correcting an error in the roof snow load formula.
THIS RULE WILL NOT HAVE A FISCAL IMP ACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §9041
PUBLIC HEARING: December 7, 2005, 10:30 a.m., Department of Professional
and Financial Regulation, 122 Northern Avenue, Gardiner, ME
DEADLINE FOR COMMENTS: December 19, 2005
AGENCY CONTACT PERSON: Robert V. LeClair, MHB Executive Director
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8678
AGENCY:
10-144 - Department of Health & Human Services
RULE TITLE OR SUBJECT: Ch. 283, Rules and Regulations Relating
to Testing Newborn Infants for Detection of Causes of Mental Retardation
and Selected Genetic Conditions
PROPOSED RULE NUMBER: 2005-P296
CONCISE SUMMARY: These rules define the responsibilities of hospital
administration and staff, physicians, "principal birthing attendants",
parents and others with regard to the screening of newborn infants for
conditions which if untreated can cause mental retardation or early
death. These rules address the timing of newborn blood specimen collection,
shipment of specimens, parental refusal of tests, conditions to be screened,
records to be maintained, responsibilities for follow-up tests and reporting
when necessary and the storage and use of leftover specimens.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 1532 and 1533
PUBLIC HEARING: No public hearing has been scheduled.
DEADLINE FOR COMMENTS: December 16, 2005
AGENCY CONTACT PERSON: Jennifer Brown
ADDRESS: Genetics Program, DHHS, Public Health, DFH, 11 State House
Station, Augusta, Maine 04333
PHONE NUMBER: (207) 287-5357
FAX: (207) 287-4743
AGENCY:
12-152 - Department of Labor, Bureau of Rehabilitation Services
RULE TITLE OR SUBJECT: Ch. 12, Communications Devices for People
with Disabilities Program Rules
PROPOSED RULE NUMBER: 2005-P297
CONCISE SUMMARY: Repeal and replace of rules governing communications
devices for people with disabilities to include amendments regarding
the emergency alert service charge discount program for low income deaf
and hard of hearing individuals.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA §1419-A
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: December 16, 2005
AGENCY CONTACT PERSON; Alice Crandall Johnson
AGENCY NAME: Bureau of Rehabilitation Services, Division of Deafness
ADDRESS: 150 State House Station, Augusta, ME 04333-0150
TELEPHONE: (207) 624-5966
AGENCY:
02-313 - Board of Dental Examiners
RULE TITLE OR SUBJECT: Ch. 6, Fees
PROPOSED RULE NUMBER: 2005-P298
CONCISE SUMMARY: Pursuant to the Board's authority in Title 32, this
rule increases the fees associated with licensure for dentists, dental
hygienists, denturists, and dental radiographers, including fees for
initial application, renewal, reinstatement, endorsement, and late fees
and compliance fees.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §1073(2); §1084; §1085; §1097; §1098; §1099;
§1100-C; §1100-D; §1100-E; §1100-N; §1100-P
PUBLIC HEARING: None scheduled unless requested
DEADLINE FOR COMMENTS: December 16, 2005
AGENCY CONTACT PERSON: Anita C. Merrow
AGENCY NAME: Maine Board of Dental Examiners
ADDRESS: 143 State House Station, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333
ADOPTIONS
AGENCY:
06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 415, Reasonable Costs for the Handling
and Recycling of Electronic Wastes
ADOPTED RULE NUMBER: 2005-459
CONCISE SUMMARY: This rule establishes the requirements and procedures
for determining reasonable costs for the consolidation and recycling
of electronic waste generated by households in Maine pursuant to 38
MRSA §1610.
EFFECTIVE DATE: November 13, 2005
AGENCY CONTACT PERSON: Carole Cifrino
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7720
AGENCY:
01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 29, Dealer Margins
ADOPTED RULE NUMBER: 2005-460
CONCISE SUMMARY: Dealer Margins have been amended to reflect increases
in costs due to fuel prices and container costs.
EFFECTIVE DATE: November 18, 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:
02-041 - Department of Professional and Financial Regulation, Office
of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2005-461
CONCISE SUMMARY: The proposed rule adds an annual $50 certification
fee for the formulation and dispensing of custom-made Chinese herbal
formulations by licensed acupuncturists, increases the biennial license
fee for professional land surveyors from $200 to $275, and increases
the biennial license fee for land surveyors-in-training from $100 to
$175.
EFFECTIVE DATE: November 14, 2005
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: ( 207) 624-8615
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