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May 2, 2007

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: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
RULE TITLE OR SUBJECT: Ch 332, MaineCare Eligibility Manual, Rev. #236P: Citizenship and Identity Verification requirements for MaineCare Eligibility
PROPOSED RULE NUMBER: 2007-P67 (republication; hearing scheduled; new comment deadline)
CONCISE SUMMARY: This rule requires verification of citizenship and identity for all MaineCare applicants and members. This verification requirement is a directive from section 6036 of the Federal Deficit Reduction Act of 2005.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title VI, Deficit Reduction Act of 2005, PL 109-171, February 8, 2006, Chapter 2 and 22 MRSA §§ 3173 and 3174
PUBLIC HEARING: Wednesday, May 23, 2007, starting at 9:00 a.m., Jewett Hall Auditorium, University of Maine at Augusta, 46 University Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: June 4, 2007
AGENCY CONTACT PERSON: Bethany Hamm, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5093
TTY: (800)-606-0215 (Deaf/Hard of Hearing)



AGENCY: 10-144 - Department of Health & Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health
RULE TITLE OR SUBJECT: Ch. 208, Rules Relating To Boys, Girls, Boys and Girls, Day Camps and Primitive, and Trip Camping
PROPOSED RULE NUMBER: 2007-P82
CONCISE SUMMARY: These rules repeal and replace existing health and safety standards for summer youth camps including staffing, programs, and activities. The rules are being revised primarily to update the program activity and staff requirements.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 2491-2501
PUBLIC HEARING: May 18, 2007, 1 p.m., 244 Water Street (former Fleet Bank), Large Conference, Room, 1st Floor, Augusta, ME; and May 21, 2007, 9 a.m., same location
DEADLINE FOR COMMENTS: May 31, 2007
AGENCY CONTACT PERSON: Rebecca Vigue, Division of Environmental Health, 11 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-1978



AGENCY: 95-629 - Dirigo Health Agency
RULE TITLE: Ch. 2, Dirigo Health Agency Paid Claims Definition
SUBJECT: Definition of Paid Claims for Savings Offset Payment.
PROPOSED RULE NUMBER: 2007-P83
CONCISE SUMMARY: These rules define Paid Claims for the purpose of the first and second year savings offset payment assessment.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Laws 2005, Chapter 400, An Act To Modify Savings Offset Payments and To Clarify Certain Other Provisions of the Dirigo Health Act.
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: Monday, June 4, 2007
AGENCY CONTACT PERSON: Gloria Tomsa, Director of Operations, Dirigo Health Agency, 53 State House Station, 211 Water Street, Augusta, Maine 04333-0053
TELEPHONE: (207) 287-9963
FAX: (207) 287-9922



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #06-07
PROPOSED RULE NUMBER: 2007-P84
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: May 18, 2007, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: May 18, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 10-149 – Department of Health and Human Services (DHHS), Office of Elder Services (OES)
CHAPTER NUMBER AND TITLE: Ch. 5, Office of Elder Services Policy Manual: Sections 11, 12, 14, 15, 16
PROPOSED RULE NUMBER: 2007-P85 through P89
CONCISE SUMMARY: The proposed rules clarify the Department’s responsibilities to provide adult protective services to incapacitated and dependent adults, including adults under OES public guardianship and conservatorship.
THES RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Adult Protective Services Act, 22 MRSA Chap. 958-A; and Uniform Probate Code, 18-A MRSA
PUBLIC HEARING: May 23, 2007, 8:00 to 10:00 a.m., Conference Room 1 A, Department of Health and Human Services, 442 Civic Center Drive, Augusta ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 22, 2007.
DEADLINE FOR COMMENTS: Written comments will be accepted by mail, fax or e-mail. Comments must be received by midnight on June 6, 2007.
AGENCY CONTACT PERSON: Cherie A. Wenzel, Program Specialist, DHHS, Office of Elder Services, #11 State House Station (442 Civic Center Drive), Augusta, ME 04333-0011
TELEPHONE: (207) 287-9200 or 1 (800) 262-2232
TTY: (207) 287-9234 or 1 (888) 720-1925
E-MAIL: cherie.wenzel@maine.gov



AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 24, Home Energy Assistance Program Rule
PROPOSED RULE NUMBER: 2007-P90
CONCISE SUMMARY: The purpose of the proposed amendment to the Home Energy Assistance Program Rule is to set forth the prices oil and kerosene suppliers may charge for fuel and to establish a program for cleaning, tuning and evaluating oil systems.
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: Thursday, May 24, 2007, 2:00 p.m., Maine State Housing Authority, 353 Water Street, 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: June 4, 2007 at 5:00 p.m.
AGENCY CONTACT PERSON: Jo-Ann Choate, Energy & Housing Services Manager, Maine State Housing Authority, 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


ADOPTIONS



AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
ADOPTED RULE NUMBER: 2007-144
CONCISE SUMMARY: The adopted rule would: remove specific inconsistencies between the statutes and rules; remove the requirement that oral or insufficient written reports of violations be placed on the Commission’s agenda; allow the staff to take testimony under oath pursuant to a subpoena issued by the Commission; clarify when a contribution is deemed to be received; specify a candidate’s reporting requirements for expenditures made by consultants and for reimbursements for expenditures made with a credit card or personal funds; and clarify the period of time during which the Commission is prohibited from discussing matters before it.
EFFECTIVE DATE: April 25, 2007
AGENCY CONTACT PERSON: Paul Lavin, Assistant Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135
TELEPHONE: (207) 287-3024



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 1.02, Ice Fishing Regulations
ADOPTED RULE NUMBER: 2007-145
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing an open season for ice fishing for a 3 year period beginning with the 2008 through on Pleasant Lake, located in the town of Caratunk, Somerset County, with the following restrictions: B (Closed to fishing until January 1 and then open to ice fishing for all fish from January 1 through March 31; S-4 (Use or possession of live fish as bait prohibited); S-19 (Daily bag limit on trout: 2 fish); Daily bag limit on lake trout: 5 fish; minimum length limit on lake trout: 14 inches.
EFFECTIVE DATE: January 1, 2008
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@Maine.Gov.
TELEPHONE: (207) 287-5201



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 2.05, Rules Pertaining to Bass Fishing Tournaments
ADOPTED RULE NUMBER: 2007-146
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule to require requiring that bass taken during a tournament be returned to the water from which it was caught, unharmed and also establishes a daily limit of 5 bass per participant with no weight limit.
CHAPTER NUMBER AND TITLE: Ch. 4.04, Bear Trapping
TYPE OF RULE: Amendment to Existing Rule
ADOPTED RULE NUMBER: 2007-147
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted regulations regarding bear trapping. This rule removes foothold traps from the list of legal trap types for bear and reduces the number of traps allowed to be set for bear from 2 to 1.
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Regulations
TYPE OF RULE: Motorsize Restrictions on Certain Inland Waters
ADOPTED RULE NUMBER: 2007-148
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing a motorsize restriction on Foss Pond, located in Kingsbury Plantation, Piscataquis County. Motorboats with more than 6 horsepower will be prohibited on this body of water.
CHAPTER NUMBER AND TITLE: Ch. 14, Commercial Whitewater Rafting
TYPE OF RULE: Amend and Repeal and Replace Portions of Existing Rule
ADOPTED RULE NUMBER: 2007-149
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing an order of launch for commercial whitewater rafting for 2007.
STATUTORY AUTHORITY: 12 MRSA §§ 12909, 12910, 12913
EFFECTIVE DATE: April 28, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@Maine.Gov.
TELEPHONE: (207) 287-5201



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #05-07
ADOPTED RULE NUMBER: 2007-151
CONCISE SUMMARY: Minimum May 2007 Class I price is $19.17 plus $1.35/cwt. for Producer Margins, an over-order premium of $1.85/cwt. as being prevailing in Southern New England and $0.00/cwt. handling fee for a total of $22.57 that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/agriculture/mmc/prihis.htm
EFFECTIVE DATE: April 29, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 511, Standards for Actively Seeking Work
ADOPTED RULE NUMBER: 2007-152
CONCISE SUMMARY: This rule sets out the standards and definitions to be applied in determining whether a disability retirement benefit recipient is actively seeking work. It further sets out how compliance to the standards is demonstrated as well as the impact to the benefit recipient when the standards are not met.
EFFECTIVE DATE: April 30, 2007
AGENCY CONTACT PERSON: Kathy Morin, Maine State Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or 1 (800) 451-9800



AGENCY: 01-026 – Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE:
Amendment to Ch. 40, Maine Restricted and Limited Use Pesticides
Amendment to Ch. 41, Special Restrictions on Pesticide Use
ADOPTED RULE NUMBER: 2007-153 and 154
CONCISE SUMMARY: The Board has adopted changes to these two chapters as follows: (1) amended Chapter 40 to transfer trichlorfon from the limited use list to the restricted use list, and (2) amended Chapter 41 to delete the historical use restrictions relative to trichlorfon and replace them with new use restrictions pertinent to the present day use of trichlorfon on turf. Section 4 of Chapter 41 has also been amended to exempt purchasers of certain pond dyes from the applicator licensing requirements.
EFFECTIVE DATE: April 30, 2007
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028
TELEPHONE: (207) 287-2731



AGENCY: 10-144 - Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Chronic Disease, Maine Breast and Cervical Health Program
CHAPTER NUMBER AND TITLE: Ch. 707, Rules Relating to the National Breast and Cervical Cancer Early Detection Program (NBCCEDP) in Maine
ADOPTED RULE NUMBER: 2007-155
CONCISE SUMMARY: These emergency rules are an additional amendment to the MBCHP eligibility rules which allow for the expansion of the program to include women age 35-39 who are symptomatic or have an abnormal breast or cervical finding. These rules are necessary to process daily enrollment applications received by the MBCHP and to establish protocol in determining eligibility to the screening program for 35-39 year old women.
EFFECTIVE DATE: April 25, 2007
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY CONTACT PERSON: Maine Breast and Cervical Health Program, Celeste Philippon, MS, RN, Assistant Program Director, 11 State House Station, 286 Water Street, Key Plaza, 4th Floor, Augusta, ME 04333
TELEPHONE: (207) 287-3994



AGENCY: 10-144 - Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Chronic Disease, Maine Breast and Cervical Health Program
CHAPTER NUMBER AND TITLE: Ch. 708, Rules Relating to the Breast and Cervical Cancer Prevention and Treatment Act (BCCPTA) in Maine
ADOPTED RULE NUMBER: 2007-156
CONCISE SUMMARY: These rules are created to implement the requirements of the Breast and Cervical Cancer Prevention and Treatment Act, which expand MaineCare full benefits to certain eligible women who are diagnosed with breast or cervical cancer or a pre-cancerous condition. These rules are necessary to process enrollment applications received by the MBCHP and to establish protocol in determining eligibility to the treatment act program.
EFFECTIVE DATE: May 1, 2007
AGENCY CONTACT PERSON: Celeste D. Philippon, MS, RN, Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Chronic Disease, Maine Breast and Cervical Health Program, 286 Water Street, Key Plaza, 4th Floor, Augusta, ME 04330
TELEPHONE: (207) 287-3994