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Weekly Rulemaking Notices Contact Us Find It

November 16, 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

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