Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > October 10, 2007

October 10, 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: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 528, Pretreatment Program
PROPOSED RULE NUMBER: 2007-P239
CONCISE SUMMARY: This proposed rule amends the rule originally adopted in 1999. This is a routine periodic update of an existing rule being done to maintain consistency with EPA's parallel regulations and to make various administrative changes. This chapter describes the regulatory requirements for the execution of an Industrial Pretreatment Program, parallel with 40 CFR Part 403. Changes to the Federal regulation, collectively referred to as the "Pretreatment Streamlining Rule", effective November 14, 2005, are incorporated therein.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 38, Maine Revised Statutes Annotated, §34l-D(1-B)
PUBLIC HEARING: No public hearing is planned. A request for a public hearing must be in writing directed to the agency contact person listed below and must be received before the deadline for comments.
DEADLINE FOR COMMENTS: November 9, 2007 at 5:00 p.m. Written comments may be submitted to the agency contact person by mail at the address below, by fax at (207) 287-3435, or by e-mail at james.r.crowley@maine.gov. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that the risk of nondelivery associated with submissions by fax or email is on the sender. A copy of the rule is available upon request from the contact below, and on the web at: http://www.maine.gov/dep/blwq/rule.htm.
AGENCY CONTACT PERSON: James R. Crowley, State Pretreatment Coordinator, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-8898



AGENCY: 02-381 - Office of Licensing and Registration, Oil and Solid Fuel Board
RULE TITLE OR SUBJECT: Licensure of Limited Energy Auditor Technicians
PROPOSED RULE NUMBER: 2007-P240 and P241
CONCISE SUMMARY: The board proposes to amend Ch. 3 and 4 of its rules to authorize the licensure of limited energy auditor technicians pursuant to PL 2007, c.392. Ch. 3 of the board's rules sets forth categories and responsibilities of licensure. The amendment to Ch. 3 provides that a limited energy auditor technician is limited to performing combustion safety and efficiency testing on oil-fired space heating or water heating equipment, and that limited energy auditor technicians may not make any adjustments to oil-fired space heating or water heating equipment. The amendment to Ch. 3 requires the limited licensee to obtain the manufacturer's installation and operating instructions prior to performing the test, and to conduct the test in accordance with the manufacturer's instructions. The amendment to Ch. 3 requires that test results fall within the guidelines of the manufacturer's instructions; requires the limited licensee to provide a copy of the test results to the homeowner; and requires the limited licensee to notify the homeowner and occupant in writing if the test results do not meet the manufacturer's guidelines.
Ch. 4 of the board's rules contains qualifications for licensure. The amendment to Ch. 4 sets forth the qualifications for licensure as a limited energy auditor technician. The qualifications for licensure are evidence of satisfactory completion of the Certified Building Analyst 1 certification test and field examination offered by the Building Performance Institute, or an equivalent program to be offered by the Maine State Housing Authority. The amendment to Ch. 4 also provides that experience gained as a limited energy auditor technician cannot be used to satisfy the prerequisites for licensure as a master or journeyman oil burner technician.
The proposed rules will supersede emergency rules relating to limited energy auditor technicians previously adopted by the board.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§ 2313, 2353 and 2402-A; PL 2007, c. 392
PUBLIC HEARING): October 30, 2007, 9:00 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: November 9, 2007
AGENCY CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605



AGENCY: 02-582 - Office of Licensing and Registration, Propane and Natural Gas Board
RULE TITLE OR SUBJECT: Licensure of Limited Energy Auditor Technicians
PROPOSED RULE NUMBER: 2007-P242
CONCISE SUMMARY: The board proposes to amend Ch. 3 of its rules to authorize the licensure of limited energy auditor technicians pursuant to PL 2007, c. 392.
The amendment sets forth the qualifications for licensure as a limited energy auditor technician. The qualifications for licensure are evidence of satisfactory completion of the Certified Building Analyst 1 certification test and field examination offered by the Building Performance Institute, or an equivalent program to be offered by the Maine State Housing Authority. The amendment also provides that experience gained as a limited energy auditor technician cannot be used to satisfy the prerequisites for licensure as a propane and natural gas technician's license for any endorsement.
The amendment also provides: (a) that a limited energy auditor technician is limited to performing combustion safety and efficiency testing on natural gas-fired or propane gas-fired space heating or water heating equipment, (b) that a limited energy auditor technician may not make any adjustments to natural gas-fired or propane gas-fired space heating or water heating equipment, (c) that the limited licensee obtain the manufacturer's installation and operating instructions prior to performing the test, (d) that the limited licensee conduct the test in accordance with the manufacturer's instructions, (f) that the limited licensee provide a copy of the test results to the homeowner, and (f) that if the test results do not fall within the guidelines contained in the manufacturer's installation and operating instructions, the limited licensee shall notify the homeowner and occupant in writing.
The proposed rules will supersede emergency rules relating to limited energy auditor technicians previously adopted by the board.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §14804(1); PL 2007, c. 392
PUBLIC HEARING: October 31, 2007, 9:00 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: November 10, 2007
AGENCY CONTACT PERSON: Cheryl Hersom, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8605



AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Amendment of Ch. 305, Permit by Rule - Subsection 20: Activities in existing developed areas located in, on or over high or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas
PROPOSED RULE NUMBER: 2007-P243
CONCISE SUMMARY: These amendments are intended primarily to address two areas.
(1) Comply with the statutory requirement at 2007, ch. 290(l6) (in part) to include provisions in permit by rule (PBR) that (a) incorporate standards for activities consisting solely of cutting or removal of vegetation within shorebird roosting and feeding buffers as specified in statute at 38 MRSA §480-CC(2), and (b) provide for an expansion of up to 10% of an existing development area within a shorebird feeding area.
(2) Provide PBR standards for activities consisting solely of cutting or removal of vegetation to remove a safety hazard or to allow for a footpath within inland waterfowl and wading bird habitat.
The effect of these amendments is to allow additional activities to proceed under a simplified permitting process, Permit by Rule (PBR), rather than an individual, full permit process.
Materials related to this rulemaking, including the text of the laws cited above, will be available through: http://www.maine.gov/dep/blwq/rule.htm
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §§ 341-D(1-B) and 480-CC(2), and PL 2007, ch. 290(16) (in part)
PUBLIC HEARING: November 1, 2007 at 9:00 a.m., Holiday Inn/Ground Round, 110 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: 5:00 p.m., November 12, 2007. Comments may be submitted by mail, e-mail or fax. To ensure the comments are considered, they must include your name and the organization you represent, if any.
The draft rule amendments will be available through: http://www.maine.gov/dep/blwq/rule.htm. A hardcopy may also be requested from the contact person below.
AGENCY CONTACT PERSON: Hetty Richardson, Maine Department of Environmental Protection, 28 Tyson Drive, Augusta, ME 04333-0017
E-MAIL: Hetty.L.Richardson@maine.gov
FAX: (207) 287-7826
TELEPHONE: (207) 287-7799



AGENCY:
10 - Department of Health and Human Services
148 - Division of Licensing and Regulatory Services, Community Services Programs

RULE TITLE OR SUBJECT: Ch. 32, Rules for the Licensing of Child Care Facilities.
PROPOSED RULE NUMBER: 2007-P244
CONCISE SUMMARY: Pursuant to Public Law 07, Chapter 324, and Public Law 05, Chapters 12, 530 and 640, the Department of Health and Human Services amends the rules for the licensing of child care facilities as follows:
[A] Adds ‘Operating without a license’ provisions, see Section 5.1.
[B] Adds a limitation on reapplication after denial or revocation of a license, Sec. 5.4.
[C] Amends the definition of Child Care Facility to exclude programs such as karate, dance, or basketball, Sec. 1.5.
[D] The application fee for a provisional or temporary license is $120.00, Sec.2.8.1.
[E] The term of a full [renewal] license in increased to 2 years. The department will stagger the transition from a 1 year license to a 2 year license, Sec. 2.7.1.
[F] The renewal fee of $240 will be assessed biennially for a full or a conditional license, Sec. 2.8.2.
[G] At least one unannounced inspection of a child care facility will take place between 6 and 18 months after the issuance of a full license, Sec. 2.14.
The following technical/formatting changes are also included:
Chapter 32 has been renumbered. This facilitates identification of each provision for ease of reference and future amendment of rules. The division is in the process of aligning the numbering system in all licensing rules. Outdated rules have been deleted. ‘Boxes/frames’ have been deleted. ‘Boxes’ has been removed from the rules and the text incorporated into an appropriate regulatory section. Names of state agencies have been updated. Moved a sentence: “Drinking water shall be available to the children.” is moved from the former Section XIX, D.6 (g) to the new Section 19.1.1.1.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 1673, 22 MRSA §7802 [2][B][5] (licenses issued for a 2-year term), and statutory provisions in Public Law 07, Ch. 324, and Public Law 05, Ch. 12, 530 and 640.
PUBLIC HEARING: October 29, 2007, 10 a.m., Conference Room, Division of Licensing and Regulatory Services, 41 Anthony Avenue, Augusta, Maine
DEADLINE FOR COMMENTS: November 8, 2007 at 5 p.m.
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) 287-9254
TTY: (800) 606-0215
Fax: (207) 287-9252
E-MAIL: Peter.mauro@maine.gov



CHAPTER NUMBER AND AGENCY:
02-030 Ch. 120 - Office of Consumer Credit Regulation, and
02-029 Ch. 143 - Bureau of Financial Institutions

RULE TITLE OR SUBJECT: Multiple of the State or Federal Minimum Wage
PROPOSED RULE NUMBER: 2007-P245 and P246
CONCISE SUMMARY: This Rule provides the method for calculating the portion of earnings that are subject to garnishment when an individual is not paid on a weekly basis.
Rule 120, last promulgated in 2005, which provides guidance for those seeking to abide by the statutory limitations on garnishment found in the Maine Consumer Code (“the Code”) is amended following enactment of PL 2007, Chapter 7, which changes the standard by which maximum garnishment ratios are computed. Previously, the Code limited garnishment arising from a consumer credit transaction to the lesser of 25% of the individual’s disposable earnings or the amount by which the individual’s disposable earnings for a week exceeded 40 times the federal minimum hourly wage. The new law sets the benchmark at the federal minimum wage or the state’s minimum wage, whichever is greater.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
Title 9-A MRSA §6-104 permits the Administrator to adopt, amend, and repeal rules to carry out the specific provisions of the Code.
Title 9-A MRSA §§ 6-103 and 1-301(2) state that except in cases in which a supervised financial organization is the creditor, the Administrator is the Superintendent of the Bureau of Consumer Credit Protection. In cases in which a supervised financial organization is the creditor, the Administrator is the Superintendent of the Bureau of Financial Institutions.
Title 9-B MRSA §215 permits the Superintendent of the Bureau of Financial Institutions to implement rules relating to the supervision of financial institutions or their subsidiaries or financial institution holding companies or their subsidiaries.
Title 9-A MRSA §5-105(2)(C) requires the Administrator to prescribe by rule a means of calculating the disposable income that is subject to garnishment when an individual is not paid on a weekly basis.
7. The Agencies’ Statement of Impact on Small Business may be found at http://www.maine.gov/pfr/financialinstitutions/notices/garnishmentimpact.htm.
PUBLIC HEARING: No public hearing.
DEADLINE FOR COMMENTS: Monday, November 12th, 2007
AGENCY CONTACT PERSON: Christian Van Dyck, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8574



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.05(C)(1), Moose Hunting
PROPOSED RULE NUMBER: 2007-P247
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule establishing the number of moose hunting permits to be issued for the 2008 season. Permits will be issued for bulls and antlerless moose. Permits are allocated according to Wildlife Management District as follows:

  WMD 1 – 120 bulls / 20 antlerless
WMD 2 – 95 bulls
WMD 3 – 300 bulls / 335 antlerless
WMD 4 – 255 bulls
WMD 5 – 125 bulls
WMD 6 – 305 bulls / 410 antlerless
WMD 7 – 125 bulls
WMD 8 – 235 bulls
WMD 9 – 50 bulls
WMD 10 – 100 bulls / 10 antlerless
WMD 11 – 160 bulls / 120 antlerless
WMD 12 – 35 bulls / 20 antlerless
WMD 13 -- 35 bulls / 10 antlerless
WMD 14 – 35 bulls
WMD 17 – 30 bulls / 30 antlerless
WMD 18 – 80 bulls / 20 antlerless
WM D 19 – 90 bulls / 15 antlerless
WMD 27 – 25 bulls / 5 antlerless
WMD 28 – 60 bulls / 20 antlerless
TOTAL: 2,260 bulls / 1,015 antlerless
In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 27, and 28 the season will begin on the second Monday of October and remain open for 6 days.
It shall be unlawful for any permit holder or their subpermittee to hunt moose inconsistent with the specifications designated on the permit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11551
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: November 9, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@maine.gov



AGENCY: 05-071 - State Board of Education
RULE TITLE OR SUBJECT: Ch. (New), Rule Regarding Tax Credits for College Loan Repayments (Opportunity Maine)
PURPOSE: The purpose of this rule is to establish the policies and procedures for implementation of Chapter 469, (LD 1856 B2), “An Act to Allow Tax Credits for College Loan Repayments.”
PROPOSED RULE NUMBER: 2007-P248
Chapter 469, as a citizen-initiated act, provides a tax credit to reimburse educational loan payments for any Maine resident who earns an associate degree or a bachelor’s degree in Maine, and lives, works and pays taxes in Maine after earning that degree. Under an agreement with the State, a Maine resident who earns an associate degree or a bachelor’s degree from an accredited Maine junior college, college or university may take advantage of the credit. The person may claim the credit for payments made during each year that person lives and works in Maine. If the person lives and works in Maine, that person's employer may make the loan payments and claim the credit. The credit is limited to what the person actually pays in loan payments or to what would be necessary to pay for an education in the University of Maine System or Maine Community College System, whichever is less. Rules are required to enable implementation Chapter 469’s provisions by the established deadline of January 1, 2008.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Part A Sec. A-1. 20-A MRSA c. 428-C and Part B Sec. B-1. 36 MRSA §5217-D Chapter 428-C Job Creation Through Educational Opportunity Program
PUBLIC HEARING: October 31, 2007, 3:00-5:00 p.m., Cross State Office Building ATM Room 103, and three remote ATM Sites: Caribou High School, Falmouth High School, and Bangor High School
DEADLINE FOR COMMENTS: November 10, 2007
AGENCY CONTACT PERSON: Harry Osgood, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6846


ADOPTIONS



AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 7, Implementation of the Essential Programs and Services Funding Model, a Major Substantive Rule
ADOPTED RULE NUMBER: 2007-420
CONCISE SUMMARY: This chapter contains state agency major substantive rules regarding the implementation and administration of school funding based on the Essential Programs and Services model established in 20-A, MRSA, Chapter 606-B including targeted funds for technology, implementation of a standards-based system, and the costs of additional investments in educating children in kindergarten to grade 2. Specifically, this proposal is limited to the procedural requirements, the requirements of the local plan submission, and approval requirements for school administrative units to receive Targeted Funds for technology, implementation of a standards-based system, and the costs of additional investments in educating children in kindergarten to grade 2.
EFFECTIVE DATE: October 26, 2007
AGENCY CONTACT PERSON: Jim Rier, Department of Education, 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: (207) 624-6794



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: 2007-421
CONCISE SUMMARY: The Office of Licensing and Registration decreased license fees for certain license categories in the American Sign Language, English Interpreters and Transliterators program and increased license fees for psychologists, real estate appraisers, transient sellers and licensees of the Manufactured Housing Board.
EFFECTIVE DATE: October 3, 2007
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615



AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 285, Maine Telecommunications Education Access Fund
ADOPTED RULE NUMBER: 2007-422
CONCISE SUMMARY: In this rulemaking, the Commission adopts amendments to update sections of the rule to make them consistent with statutory changes and changes the process by which the Commission will receive recommendations for the use of MTEAF funds.
EFFECTIVE DATE: October 3, 2007
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, State House Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831



AGENCY: 10-149 - Department of Health and Human Services, Office of Elder Services (OES)
CHAPTER NUMBER AND TITLE: Ch. 5, Office of Elder Services Policy Manual, Sections 11, 12, 14, 15, 16
ADOPTED RULE NUMBER: 2007-423
CONCISE SUMMARY: This final rule amends Sections 11, 12, 14, 15 and 16 of the Office of Elder Services Policy Manual to clarify the Department's authority and responsibility to protect incapacitated and dependent adults identified by the Adult Protective Services Act, 22 MRSA §§ 3470-93, and the public guardianship and conservatorship provisions of the Maine Uniform Probate Code, 18-A MRSA, Art. V. To accomplish this, the rule implements processes for using MAPSIS (Maine's Adult Protective Services Information System) to log reportable events, and amends several definitions and procedural requirements to fulfill the Legislature's mandates and more fully comply with amended terms of the AMHI Consent Decree. The final rule also updates language to reflect the Department's new organizational structure and office names, eliminates outdated procedures, and makes technical corrections to ensure consistency of style and formatting.
EFFECTIVE DATE: October 6, 2007
AGENCY CONTACT PERSON: Karen Elliott, Office of Elder Services, #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9200
TOLL FREE: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925