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Home > Weekly Newspaper Notices > December 27, 2006

December 27, 2006

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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay, or Silt
PROPOSED RULE NUMBER: 2006-P347
CONCISE SUMMARY: Changes to Ch. 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt, are intended to: (1) allow the use of doubled walled fuel tanks for secondary containment; (2) update the performance standards for the storage of petroleum products for excavations; (3) to ensure consistency between regulatory programs, the proposed rule, the rule repeals the external drainage standards and submissions required under the Variance rule and replaces them with the standards and submissions contained in the Stormwater Rules, Ch. 500.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §34l-D; §490-E; §490-CC
PUBLIC HEARING: No public hearing is planned. A hearing may be requested by contacting: Mark Stebbins, MDEP, 312 Canco Rd., Portland, ME 04103
DEADLINE FOR COMMENTS: 5:00 p.m., January 26, 2007. Comments may be submitted by mail at the address below, by fax at (207) 822-6303, or bye-mail at Mark.N.Stebbins@maine.gov. To ensure the comments are considered, they must include your name and the organization you represent, if any. Please be aware that the risk of non-delivery associated with submission by fax or e-mail is on the sender. A copy of the proposed rule is available upon request from the contact person below, and on the web at http://www.maine.gov/dep/blwq/rule.htm.
AGENCY CONTACT PERSON: Mark Stebbins, Department of Environmental Protection, 312 Canco Road, Portland, Maine 04103
TELEPHONE: (207) 822-6367
FAX: (207) 822-6103
E-MAIL: Mark.N.Stebbins@maine.gov


ADOPTIONS



AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Rule Ch. 130, Minimum Reserve Standards for Individual and Group Health Insurance Contracts
ADOPTED RULE NUMBER: 2006-516
CONCISE SUMMARY: Rule 130 was originally adopted in 1992 to establish appropriate standards for claim reserves, premium reserves, and contract reserves on individual and group health insurance. The current amendments to Rule 130 update the rule to reflect amendments to the NAIC Health Insurance Reserves Model Regulation.
EFFECTIVE DATE: December 24, 2006
CHAPTER NUMBER AND TITLE: Rule Ch. 340, Mortality Tables for Use in Determining Minimum Reserves and Nonforfeiture Benefits
ADOPTED RULE NUMBER: 2006-517
CONCISE SUMMARY: The purpose of these proposed amendments is to recognize and permit the use of mortality tables that reflect differences in mortality between Preferred and Standard lives in determining minimum reserve liabilities for life insurance.
EFFECTIVE DATE: January 1, 2007
CHAPTER NUMBER AND TITLE: Rule Ch. 542, Educational Requirements for Insurance Professionals
ADOPTED RULE NUMBER: 2006-518 and 519
CONCISE SUMMARY: This Rule is adopted pursuant to 24-A MRSA §§ 212, 601(23), 1410(4)(A), 1483(2), and 1485 to establish standards and procedures for the approval and operation of courses and programs through which producers and consultants may satisfy applicable education requirements.
EFFECTIVE DATE: January 1, 2007
CHAPTER NUMBER AND TITLE: Ch. 780, Actuarial Opinion and Memorandum
ADOPTED RULE NUMBER: 2006-520
CONCISE SUMMARY: Rule 780 was originally adopted for annual statements beginning with 1995 to establish guidelines and standards for statements of actuarial opinion. The current amendments to Rule 780 update the rule to reflect amendments to the NAIC Actuarial Opinion and Memorandum Model Regulation.
EFFECTIVE DATE: December 24, 2006
AGENCY CONTACT PERSON: Vanessa Leon, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE (207)624-8452



AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 322, Frozen Dessert Products Standards and Regulations
ADOPTED RULE NUMBER: 2006-521
CONCISE SUMMARY: This rule outlined standards for making frozen dairy desserts in Maine. It is now repealed. These standards are established in Ch. 329 Rules Governing Milk and Milk Products.
CHAPTER NUMBER AND TITLE: Ch. 323, Weight and Sample Milk
ADOPTED RULE NUMBER: 2006-522
CONCISE SUMMARY: This rule outlined the standards for the weighing and sampling of milk. It is now repealed. These standards are established in Ch. 329 Rules Governing Milk and Milk Products.
CHAPTER NUMBER AND TITLE: Ch. 328, Rules Governing the Licensing and Inspection of Farm Cheese
ADOPTED RULE NUMBER: 2006-523
CONCISE SUMMARY: This rule outlined the licensing and inspection of farm cheese. It is now repealed. These standards are established in Ch. 329 Rules Governing Milk and Milk Products.
CHAPTER NUMBER AND TITLE: Ch. 329, Rules Governing Milk and Milk Products
ADOPTED RULE NUMBER: 2006-524
CONCISE SUMMARY: This rule outlines criteria for permitting, licensing and inspection of Maine dairy farms and milk and milk distributors (processors).
EFFECTIVE DATE: December 23, 2006
AGENCY CONTACT PERSON: Shelley F. Doak, Director
AGENCY NAME AND ADDRESS: Department of Agriculture, Food & Rural Resources, Deering Building, Augusta, ME 04333-0028
TELEPHONE: (207) 287-7610



AGENCY: 14-118 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
CHAPTER NUMBER AND TITLE: Repeal of 14-118 Ch. 4, Regulations for Licensing and Certifying of Substance Abuse Treatment Programs, and 14-118 Ch. 4A, Regulations for Licensing of Private Non-medical Institutions Providing Residential Substance Abuse Treatment
Replace with 14-118 Ch. 5, Regulations for Licensing and Certifying of Substance Abuse Treatment Programs
ADOPTED RULE NUMBER: 2006-525, 526, 527
CONCISE SUMMARY: Changes in these regulations reflect changes in the delivery of services since the previous regulations were promulgated. There has been a great deal of change in the field of addiction medicine over the past ten years and these regulations update licensing requirements to reflect those changes. Some of the regulations have been changed to conform with changes in federal regulation as well.
They also make technical changes to coincide with the merger of the “Department of Behavioral and Developmental Services” (BDS) and the “Department of Human Services” (DHS) into the Department of Health and Human Services (DHHS).
Chapter 5 now has specific areas devoted strictly to Private Non-Medical Institutions (PNMI), thereby eliminating the need for two separate sets of regulations and making it easier on providers.
EFFECTIVE DATE: December 29, 2006
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director, Division of Licensing and Regulatory Services, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250; Toll free: 1 (800) 791-4080
TOLL FREE TTY: 1 (800) 606-0215
E-MAIL: peter.mauro@maine.gov