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Home > Weekly Newspaper Notices > October 3, 2007

October 3, 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. 331, Public Assistance Manual (TANF): 10-144 C.M.R. Ch. 331 (V) TANF Rule No. 82P - Transitional Child Care (TCC)
PROPOSED RULE NUMBER: 2007-P216 (hearing rescheduled)
CONCISE SUMMARY: TANF Rule No. 82P proposes to permanently incorporate all rule changes implemented on an emergency basis on October 1, 2007. Primarily, the rule would satisfy the 123rd Legislature's mandate to reduce Transitional Child Care (TCC) program administration costs by $1 million. The Department proposes to achieve this by transferring TCC program administration and benefits determination responsibility from private contract voucher management agencies ["VMAs"] to OIAS staff. The Final Rule also changes the issuance of TCC benefits from monthly to weekly, amends the application process, establishes a redetermination process, amends a client's reporting responsibilities, and limits the situations in which the Department will issue a ten-day adverse notice.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3762-3790; Pub. L 2007, Ch. 240, Pt. MMM
PUBLIC HEARING: Tuesday, October 23, 2007, 1:00 p.m. - 2:00 p.m., Department of Health and Human Services Office, 442 Civic Center Drive, Augusta Mane 04330
Any interested party requiring special arrangements to attend the hearing must contact the agency contact person listed below one week prior to the public hearing.
DEADLINE FOR COMMENTS: November 2, 2007
AGENCY CONTACT PERSON Rose Masure, Division Director, Programs and Policy, 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) 287-3104
TTY: (800) 606-0215 (Deaf/Hard of Hearing)



AGENCY: 05071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 221, Adult Administrative Policies
PROPOSED RULE NUMBER: 2007-P228
CONCISE SUMMARY: The proposed amendments are to the rule that specifies the elements of adult education administrative costs for which school administrative units, regions and centers may claim reimbursement.
RULE TITLE OR SUBJECT: Ch. 222, Adult Vocational Education
PROPOSED RULE NUMBER: 2007-P229
CONCISE SUMMARY: The proposed amendments are to the rule that specifies the elements of adult career and technical education, and adult workforce training and re-training, costs for which school administrative units, regions and centers may claim reimbursement.
RULE TITLE OR SUBJECT: Ch. 224, Adult Handicapped Courses
PROPOSED RULE NUMBER: 2007P230
CONCISE SUMMARY: Repeal is proposed because the definitions and provisions in the rule are outdated and the relevant information is now included in the recent amendments to the adult education law, 20-A MRSA 8601-8612.
RULE TITLE OR SUBJECT: Ch. 226, Adult Basic Literacy Courses
PROPOSED RULE NUMBER: 2007-P231
CONCISE SUMMARY: Repeal is proposed because the definitions and provisions in the rule are outdated and the relevant information is now included in the recent amendments to the adult education law, 20-A MRSA 8601-8612.
RULE TITLE OR SUBJECT: Ch. 227, Federal Adult Basic Education
PROPOSED RULE NUMBER: 2007-P232
CONCISE SUMMARY: Repeal is proposed because the definitions and provisions in the rule are outdated and the relevant information is now included in the recent amendments to the adult education law, 20-A MRSA 8601-8612.
RULE TITLE OR SUBJECT: Ch. 229, Adult and Community Education Fiscal Procedures
PROPOSED RULE NUMBER: 2007-P233
CONCISE SUMMARY: The proposed amendments are to the rule that provides guidance in the collection and utilization of fees in adult education programs.
RULE TITLE OR SUBJECT: Ch. 230, Adult Program Provisions
PROPOSED RULE NUMBER: 2007-P234
THE PROPOSED AMENDMENTS AND REPEALS WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Ch. 221, 222, 224, 226, 227: 20-A 8602. Ch. 229, 230: 20-A 8601-8609
PUBLIC HEARING: October 24, 2007, 3:00 p.m. to 5:00 p.m. via Asynchronous Transmission Mode (ATM). The originating ATM site: MSAD # 49 (Fairfield) at the adult education office on School Street. Other sites include: Southern Aroostook Tech Center (Houlton) in Room 6; Sanford High School (Sanford) in Room 211; and University of Maine (Orono), Shibles Hall, Room 11.
DEADLINE FOR COMMENTS: 4:00 p.m. on November 5, 2007
AGENCY CONTACT PERSON: Rebecca Dyer, State Director of Adult and Family Literacy, Education, 23 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6755



AGENCY: 05-071 - Department of Education - State Board of Education
RULE TITLE OR SUBJECT: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects
PROPOSED RULE NUMBER: 2007-P235
CONCISE SUMMARY: Ch. 61, Rules for Major Capital School Construction Projects, governs the expenditure of millions of Maine taxpayers' dollars in support of the provision of safe and attractive schools that support the demands of 21st century education. Extensive needs for improved education facilities across the state make it imperative that the rules be kept clear, current and supportive of the state's education goals. To this end, the Department of Education and the Construction Committee of the State Board of Education have worked jointly to propose modifications to Ch. 61. Key aspects of this revision include:
1. Defining "Non-Conforming School" as a "school in a school administrative unit that has neither joined a Regional School Unit nor has an approved alternative plan as specified under the provisions of20-A MRSA Ch. 103-A;"
2. Eliminating the definitions of "Learning Technology Equipment" and "Non-Learning Equipment;"
3. Addressing "energy efficiency" as a criteria upon which to base rating scores. Some adjustments are being made to the rating numbers and language is added to address CTE regions and centers and the rating score penalty to non-conforming schools;
4. Clarifying the mechanism by which the rating team may report schools that appear to be unsafe;
5. Requiring that consideration be given to providing the minimum travel distance for the maximum number of students when considering a new school site;
6. Removing Section 2 (A) through (E) relative to "Technology Budget;"
7. Clarifying the language in Section 10(4)(A) "Budget Requirements;" and
8. Requiring that non-conforming schools be penalized 10% of the total State/Local funding portion of their Major Capital School Construction project budget and 10 points on their rating score.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
20-A MRSA 3
20-A MRSA 405(3)(J)
20-A MRSA 15905, sub-4, and 15901 to 15917
P.L. 2001,c. 439, Part 0000.0000-3
PUBLIC HEARING: Wednesday, October 25, 2007, 3:30 p.m. - 5:00 p.m., Room 103-A of the Cross Office Building, 111 Sewall Street, Augusta, Maine.
The public hearing will also be available via ATM at the following locations:
Greely High School ATM Studio (Cumberland Center)
Bangor High School ATM Studio
Presque Isle High School ATM Studio
DEADLINE FOR WRITTEN COMMENTS: 5:00 p.m., Friday, November 9, 2007. Submit written comments to the Agency Contact Person listed below.
AGENCY CONTACT PERSON:
Scott Brown, Director of School Facilities, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6883
E-MAIL: Scott.Brown@Maine.Gov



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. #3, Schedule of Minimum Prices, Order #11-07
PROPOSED RULE NUMBER: 2007-P236
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: October 19, 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: October 19, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-7521



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 930, Solar Energy Rebate Program
PROPOSED RULE NUMBER: 2007-P237
CONCISE SUMMARY: Through this rulemaking, the Commission initiates a proceeding to adopt amendments to Ch. 930 of its rules. Ch. 930 governs the implementation of the State's solar energy rebate program. The Commission is initiating this rulemaking proceeding to revise Ch. 930 rule pursuant to legislation enacted during the last legislative session.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 1301, 3211-B
PUBLIC HEARING: No public hearing is scheduled.
COMMENT DEADLINE: November 5, 2007 - Written comments should refer to Docket No. 2007-460
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 65-625 - Public Utilities Commission, Emergency Services Communications Bureau
RULE TITLE OR SUBJECT: Ch. 3, Provision of Enhanced E9-1-1 Access-only Service
PROPOSED RULE NUMBER: 2007-P238
CONCISE SUMMARY: This chapter implements the requirements of 25 MRSA \2921 and 2935, by establishing requirements associated with the provision of Enhanced 9-1-1 access-only service, or "Soft Dialtone."
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104 and 111, 25 MRSA 2921 and 2935
PUBLIC HEARING: October 25, 2007,9:30 a.m. at Public Utilities Commission, 242 State Street, Augusta, Maine 0333-0018
DEADLINE FOR COMMENTS: November 12, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-3831


ADOPTIONS



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 4, Marketing Areas
ADOPTED RULE NUMBER: 2007-414
CONCISE SUMMARY: The principal reason for this rulemaking is the need to establish milk marketing areas within the State of Maine in accordance with 7 MRSA 2954.
EFFECTIVE DATE: September 30, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521



AGENCY: 09-137 Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4 - 4.06, Wild Turkey Hunting Season
ADOPTED RULE NUMBER: 2007-415
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the fall wild turkey hunting season by establishing 6 additional hunting days during the fall season in which wild turkey may be hunted with the use of shotguns in a newly established zone. A copy of the rule may be obtained from the agency contact person listed below.
EFFECTIVE DATE: September 29, 2007
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



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.01, Upland Game and Furbearing Animals - Size, Location of and Preparation for Traps
ADOPTED RULE NUMBER: 2007-416
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule amendment in order to protect eagles and lynx, both species listed under the Federal Endangered Species Act. This rule restricts the use of bait and restricts the type of sets that can be made in Wildlife Management Districts 1 through 11.
EFFECTIVE DATE: September 29, 2007
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station - 284 State Street, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@maine.gov
TELEPHONE: (207) 287-5201



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 314, Statewide Low-Income Assistance Plan
ADOPTED RULE NUMBER: 2007-417
CONCISE SUMMARY: To amend certain provisions to limit the amount of financial assistance a customer can receive through the oxygen pump program and to provide financial assistance to customers who use a ventilator. In addition, the modifications set up a funding mechanism and reimbursement guidelines for the oxygen pump and ventilator program.
EFFECTIVE DATE: October 1, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 15, Penalties, Section 3 Assessment of Penalties under 39-A MRSA 205, Section 6 Assessment of Forfeitures under 39-A MRSA 324(2), and Section 9 Assessment of Penalties under 360(1)
ADOPTED RULE NUMBER: 2007-418
CONCISE SUMMARY: The amendments to Ch. 15 permit the Executive Director to designate an individual to decide certain matters in the Abuse Investigation Unit.
EFFECTIVE DATE: September 30, 2007
AGENCY CONTACT PERSON: John C. Rohde, General Counsel, Workers' Compensation Board, 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-07
ADOPTED RULE NUMBER: 2007-419
CONCISE SUMMARY: Minimum October 2007 Class I price is $24.84/cwt. plus $0.71/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 $27.60/cwt. 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: September 30, 2007
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521