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Home > Weekly Newspaper Notices > October 24, 2007

October 24, 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: 05-071 - Department of Education and State Board of Education
RULE TITLE OR SUBJECT: Ch. 115, Certification, Authorization, and Approval of Education Personnel, Part I and Part II
PROPOSED RULE NUMBER: 2007-P253
CONCISE SUMMARY: Proposed amendments to Chapter 115, Part I and II include adding language to allow teacher holding a 7-12 endorsement in the same subject area to teach adult education, changing ‘modern languages’ to ‘world languages’, omitting sunset language and all references to Northeast Regional Credential, and adding a new certificate, the Financial Services Manager.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA §13011(1)
PUBLIC HEARING: November 13, 2007, 9:00a.m. – 10:00a.m., Room 103, Cross Office Building, 111 Sewall Street, Augusta, Maine. The public hearing will also be available via ATM at the following locations:
Gorham High School ATM Studio
Bangor High School ATM Studio
Presque Isle High School ATM Studio
DEADLINE FOR COMMENTS: November 26, 2007
AGENCY CONTACT PERSON: Joanne C. Holmes, Federal Liaison, Department of Education, 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: (207) 624-6669



AGENCIES: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 275 Section 3, Fee Provision to Implement Prescription Privacy Law.
PROPOSED RULE NUMBER: 2007-P254
CONCISE SUMMARY: The purpose of this rule is to implement the fee, payable to the State by manufacturers of prescription drugs, pursuant to 22 MRSA §1711-E, subsection 4(C). The fee is to implement the program established by statute so that prescribers may protect the confidentiality of prescription drug information identifying the prescriber from use for marketing, thereby serving the State's interests in improving public health, limiting annual increases in the cost of health care and protecting the privacy of patients and prescribers in the health care system of this State.
The Department shall assess an annual fee per manufacturer and per labeler of $1,500 payable by October 1st each year, beginning in 2007, on each manufacturer and labeler of prescription drugs whose drugs are dispensed to members of the MaineCare program and enrollees in the elderly low-cost drug program if the manufacturer or labeler employs, directs or utilizes marketing one or more marketing representatives in this State. The fee that by statute is due for 2007 shall be due 30 days after adoption of this rule.
See http://www.maine.gov/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §1711-E
PUBLIC HEARING:
Date: November 13, 2007 - 1:00 p.m.
Location: Conference Room 1A, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed above no later than November 5, 2007.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m., November 23, 2007
DHHS CONTACT PERSON: Scott Goulette, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9370
FAX: (207) 287-9369
TDD/TTY: (207) 287-1828 or toll free 1 (800) 423-4331 (Deaf or Hard of Hearing)



AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 528, Pretreatment Program
PROPOSED RULE NUMBER: 2007-P255
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 Section 341-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 23, 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 email 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 non-delivery 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: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 25.96(B)(2)(g), Zone G Apprentice Requirement, and
Ch. 25.96(B)(3)(b)(ii)(2)(g), Zone G Apprentice Sponsor Requirement
PROPOSED RULE NUMBER: 2007-P256
CONCISE SUMMARY: The Department of Marine Resources proposes regulations in Ch. 25.96 based on a referendum response by Zone G members and a recommendation by the Zone G Lobster Management Council members to the Commissioner submitted in accordance with the provisions of 12 MRSA §6447(6). These proposed regulations would establish two new requirements in Zone G. Apprentices who wish to enter Zone G must complete their apprenticeship in that zone; sponsors of Zone G apprentices must have held a Class I, II or III lobster and crab fishing license for at least 5 years and have Zone G as their declared zone. In accordance with 12 MRSA §6447(5-C)(C) paragraph 2, Ch. 25.96(B)(2)(g) will not apply to those portions of the apprentice program requirements a person has completed prior to the effective date of this rule.
STATUTORY AUTHORITY: 12 MRSA §6447
AGENCY CONTACT PERSON: Sarah Cotnoir (tel: 207-624-6596)
PUBLIC HEARING: Wednesday, November 14, 2007, 6:00 p.m., Scarborough Municipal Building, Conference Room, 259 Route 1, Scarborough
DEADLINE FOR WRITTEN COMMENTS: Monday, November 26, 2007
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources, Attn: L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)



AGENCY: 01-026 – Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Board of Pesticides Control Rules:
Amendment to Ch. 10, Definitions and Terms
Amendment to Ch. 26, Standards for Indoor Pesticide Applications and Notification for All Occupied Buildings except K–12 Schools
Amendment to Ch. 29, Standards for Water Quality Protection
Amendment to Ch. 41, Special Restrictions on Pesticide Use
PROPOSED RULE NUMBER: 2007-P257 through P260
CONCISE SUMMARY: The Board is proposing to make the following changes: (1) to amend Ch. 10 to add plant-incorporated protectant product to the definition of pesticides, (2) to amend Ch. 26 to exempt crack and crevice treatments from notification and modify posting requirements, (3) to amend Ch. 29 to establish restrictions on pesticide applications to control browntail moths near marine waters and require an untreated 25-foot buffer zone for outdoor terrestrial broadcast pesticide applications near waters of the State, and (4) to amend Ch. 41 to include regulations on genetically modified plants containing plant-incorporated protectants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8051 et seq., 7 MRSA §§ 601-625 and 22 MRSA §§ 1471-A-X.
PUBLIC HEARING: Friday, November 16, 2007, at 9:30 a.m., in the Colby/Thomas Room at the Hampton Inn, 425 Kennedy Memorial Drive in Waterville
DEADLINE FOR COMMENTS: 4:00 p.m. on Friday, November 30, 2007
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731
FAX: (207) 624-5035
E-Mail: henry.jennings@maine.gov
URL: http://www.maine.gov/agriculture/pesticides/laws/rulemaking.htm



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 102, Electronic Funds Transfer
PROPOSED RULE NUMBER: 2007-P261
CONCISE SUMMARY: Rule 102 provides comprehensive definitions and explanations of statutory terms and procedures for electronic funds transfer. Specifically, the proposed Rule clarifies and expands requirements of mandatory electronic funds transfer participation. Categories of excluded taxes are modified by the proposed Rule.
STATUTORY AUTHORITY: Title 36 MRSA §193
RULE TITLE OR SUBJECT: Ch. 104, Electronic Filing of Maine Tax Returns
PROPOSED RULE NUMBER: 2007-P262
CONCISE SUMMARY: Rule 104 provides comprehensive definitions and explanations of statutory terms and procedures for filing electronic filing of Maine tax returns. Specifically, the proposed Rule clarifies the requirements for participation in the electronic filing of certain returns, including individual income, sales, use, service provider, and income tax withholding. The proposed Rule provides guidance on requesting a waiver and on penalties that may be imposed for noncompliance.
STATUTORY AUTHORITY: Title 36 MRSA §193
RULE TITLE OR SUBJECT: Ch. 803, Withholding Tax Reports and Payments
PROPOSED RULE NUMBER: 2007-P263
CONCISE SUMMARY: Rule 803 provides comprehensive definitions and explanations of statutory terms and procedures for filing a withholding tax reports and making payments. Particularly, the proposed Rule eliminates specific information regarding electronic filing and electronic funds transfer thresholds and replaces it with a references to proposed Rules 102 and 104, where that information will now appear.
STATUTORY AUTHORITY: Title 36 MRSA §112
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: November 30, 2007
AGENCY CONTACT PERSON: Nanette M. Ardry, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9725
E-MAIL: nanette.m.ardry@maine.gov



AGENCY: 12-597 - Maine Department of Labor, Bureau of Employment Services
RULE TITLE OR SUBJECT: Ch. 2 (New), Rules Governing the Competitive Skills Scholarship Program
PROPOSED RULE NUMBER: 2007-P264
CONCISE SUMMARY: This rule establishes the criteria for determining eligibility and services for applicants and participants in the Competitive Skills Scholarship Program. The program will be operated through Maine’s CareerCenters and will provide access to education, training and support services to people with income below 200% of the federal poverty guidelines so that they may prepare for skilled jobs in high demand with high compensation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Law 2007, ch. 352, codified at 26 MRSA §2033
PUBLIC HEARING): November 14, 2007, at 1:00 p.m., Cross State Office Building, Room 220 (Labor Committee Room), Augusta, Maine
DEADLINE FOR COMMENTS: November 29, 2007
AGENCY CONTACT PERSON: Edmund J. McCann, Bureau of Employment Services, MDOL, 45 State House Station, Augusta ME 04333
TELEPHONE: (207) 623-7996



AGENCY: 14-118 - Department of Health and Human Services, Division of Licensing and Regulatory Services, Community Services Programs
RULE TITLE OR SUBJECT: Ch. 5, Regulations for Licensing and Certifying of Substance Abuse Treatment Programs
PROPOSED RULE NUMBER: 2007-P265
CONCISE SUMMARY: The federal SAMHSA [U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration] Co-occurring State Infrastructure Grant (COSIG) is helping Maine develop an infrastructure that will make it possible for providers to offer integrated, co-occurring treatment services. The major focus of the COSIG grant is the development of a regulatory, fiscal and policy framework that will support universal, co-occurring competent practice statewide. This amendment of Chapter 5 incorporates rules to support co-occurring practices. The following additions, deletions and technical/format changes have been made to Chapter 5.
Added to the rule. Addition of co-occurring language throughout chapter 5. Addition of an addendum of abbreviations and acronyms used throughout chapter 5. Section 1 Definitions added: Contracted staff; Cooccurring Disorder (COD); Welcoming (a core clinical concept); Differential Substance Abuse Treatment Program (DSAT); other program definitions; and Medication Assisted Treatment (MAT). Section 8. For clarity, the personnel records for employees (8.2) has been edited and Section 13 now contains the personnel records for contracted staff (13.1.1) and volunteers and students (13.4). Section 9. A ‘minimum clinical staff’ section has been edited for clarity (9.1) and co-occurring competencies have been added to the ‘staff credentials’ section (9.2.). Section 15. Coordination and collaboration provisions have been added to ensure communication among all providers and service components for each client (15.6). Assessments include a mental health screening requirement (15.7.1.1). Section 19. For clarity, OTP federal regulatory provisions (19.8.2) and OTP waiver provisions (19.8.3) have been reordered. Rehabilitation Counseling (19.8.5.4 – 19.8.5.9) includes phases 1 through 5. Exception Requests and Record of Justification for client exceptions is clarified (19.8.11). The social setting detoxification program staffing requirements (19.9.3) and documentation requirements for client records have been clarified (19.9.5).
Deleted from the rule. Some items in the definitions [Section 1] have been deleted, including acronyms and verbs ‘may’ and ‘shall’. Interpretive guidelines have been deleted and incorporated into the rules, as appropriate. The ‘Organization Diagram’ (Addendum I) has been deleted.
Technical/formatting changes to the rule. Some sections have been renumbered. Some sections have been reordered. Names of state agencies have been updated.
The proposed rules are available on the Division of Licensing and Regulatory Services’ website at http://www.maine.gov/dhhs/dlrs/public_hearings/home.html Call 207 287-9250 to have a paper copy of the rule mailed to you.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §20005(6); 5 MRSA §20024; and 22-A MRSA §205(2)
PUBLIC HEARING: Tuesday, November 13, 2007 at 10 a.m. in the Conference Room, 41 Anthony Avenue, Augusta, Maine.
DEADLINE FOR COMMENTS: Friday, November 23, 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


ADOPTIONS



AGENCY: 14–197 - Department of Health & Human Services, Office of Adults with Cognitive & Physical Disability Services
CHAPTER NUMBER AND TITLE: Ch. 3, Definition of Mental Retardation and Autism; Appeal Procedures.
ADOPTED RULE NUMBER: 2007-441
CONCISE SUMMARY: These rules amend Chapter 3, which covers the definition of mental retardation and autism and further describes appeal procedures. It is the purpose of this rule to set out standards by which to determine if individuals applying for services meet the eligibility standards described herein. In addition, the time frames for an applicant or recipient who is dissatisfied with an eligibility decision to file an appeal are set out, as well as the time frames for scheduling a hearing and rendering a final hearing decision.
EFFECTIVE DATE: October 12, 2007
AGENCY CONTACT PERSON: William Hughes, Office of Adults with Cognitive & Physical Disability Services, State House Station #11, 2nd Floor Marquardt, Augusta, ME 04333
TELEPHONE: (207) 287-2840



AGENCY: 07-105 - Executive, State Planning Office
CHAPTER NUMBER AND TITLE: Ch. 20, Qualifications for Persons Eligible to Prepare Comprehensive Economic Impact Studies
ADOPTED RULE NUMBER: 2007-442
CONCISE SUMMARY: This rule sets out the qualifications for persons eligible to prepare comprehensive economic impact studies for large-scale development under Maine’s Informed Growth Act.
EFFECTIVE DATE: October 20, 2007
AGENCY CONTACT PERSON: Jody Harris, State Planning Office, 38 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-5424



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: AMENDMENT TO EXISTING RULE (Dates) and REPEAL AND REPLACE (Closures)
CHAPTER NUMBER AND TITLE: Ch. 4.01(G.1 and 1.b.), Furbearing Animals (Beaver Trapping Season Dates and Closures)
ADOPTED RULE NUMBER: 2007-443
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing beaver trapping season dates and individual township openings and closings for the beaver trapping Townships or portions thereof are opened and closed on an individual basis to manage local beaver populations within the general season framework.
A copy of the rule may be obtained from the agency contact person.
EFFECTIVE DATE: October 20, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov



AGENCY: 05-071 - Maine State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 132, The Maine Learning Results: Parameters for Essential Instruction
ADOPTED RULE NUMBER: 2007-444
CONCISE SUMMARY: The proposed Maine Department of Education Regulation 132 establishes parameters for essential learning in grades pre-kindergarten through diploma across all eight content areas for the Learning Results. The Maine Learning Results: Parameters for Essential Instruction and will serve as the blueprint for item development for statewide assessments and will serve as the reference point for the alignment of high school syllabi, elementary and middle school programming, and the development of any required high school graduation assessments and rubrics for required high school projects or exhibitions.
EFFECTIVE DATE: October 22, 2007
AGENCY CONTACT PERSON: Anita Bernhardt, Department of Education, 23 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-6835