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Home > Weekly Newspaper Notices > November 5, 2008

November 5, 2008

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 MaineCare Services
RULE TITLE OR SUBJECT: Major Substantive Rule – Ch. 101, MaineCare Benefits Manual: Ch. III Section 21, Home and Community Benefits for Members with Mental Retardation and Autistic Disorder
PROPOSED RULE NUMBER: 2008-P308
CONCISE SUMMARY: This rulemaking will provisionally adopt the rule pending approval by the Legislature. The rule is currently in effect, having been adopted previously as an emergency rule, effective 10/1/08.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 12, 42(1) and 3173; 34-B MRSA §5432(3)
PUBLIC HEARING: November 24, 2008, 1:00-3:00 p.m., Conference Room # 1A, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333-0111. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before November 10, 2008.
DEADLINE FOR COMMENTS: Comments must be received by midnight, Thursday December 4, 2008
AGENCY CONTACT PERSON: Ginger Roberts-Scott, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9365
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Ginger.Roberts-Scott@Maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 110, Requests for Advisory Rulings
PROPOSED RULE NUMBER: 2008-P309
CONCISE SUMMARY: Rule 110 explains the procedures for requesting an Advisory Ruling from Maine Revenue Services and includes guidelines on the circumstances under which MRS will issue Advisory Rulings. MRS is adopting this Rule as required by 5 MRSA §9001.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 5 MRSA §9001; Title 36 MRSA §112
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: December 5, 2008
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536
FAX: (207) 287-3294
E-MAIL: John.W.Sagaser@Maine.gov



AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2008-P310
CONCISE SUMMARY: The proposed rule: (1) increases fees for licensees of the Board for Licensure of Architects, Landscape Architects and Interior Designers; (2) eliminates fees for the boxers, wrestlers, kickboxers, managers, promoters and fight officials who were formerly licensed by the now-defunct Maine Athletic Commission; (3) increases fees for licensees of the Board of Barbering and Cosmetology; (4) increases inspection fees for boilers and pressure vessels; (5) increases fees for licensees of the Board of Chiropractic Licensure; (6) increases fees for manufactured housing communities having more than 100 lots; (7) authorizes fees for re-inspection of state-certified modular homes and manufactured housing communities under certain circumstances; (8) increases fees for most license categories of the Plumbers’ Examiners Board; (9) increases fees for licensees of the Real Estate Commission; (10) increases fees for some license categories of the Board of Respiratory Care Practitioners; and (11) increases the initial application fee for speech-language pathologists and audiologists.
The statement of economic impact on small business required by 5 MRSA §8052(5-A) may be obtained from the agency contact person.
PROPOSED RULE AVAILABLE ON LINE AT: http://www.maine.gov/professionallicensing
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §8003(2-A)(D) and (E); 10 MRSA §9021(2-A); 32 MRSA §§222, 558, 3501-B, 9710, 14238, 13007, 15104-C, 17309. See also PL 2007, c. 621, sec. 13 (elimination of Maine Athletic Commission).
PUBLIC HEARING: 9:30 a.m., November 26, 2008, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: December 10, 2008
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615
E-MAIL: Jeffrey.M.Frankel@Maine.gov



AGENCY: 18-554 - Department of Administrative and Financial Services, Bureau of General Services
RULE TITLE OR SUBJECT: Amending Ch. 130, The State Purchasing Code of Conduct Requiring that Vendors furnishing Apparel, Footwear, or Textiles to the State provide Healthy, Safe and Fair working conditions.
PROPOSED RULE NUMBER: 2008-P311
CONCISE SUMMARY: The Department of Administrative and Financial Services, Bureau of General Services is proposing changes to Chapter 130, to amend the current rules to include charging a fee, equal to 1%, of the cost of the contract, from the vendors of who are awarded contracts or purchases orders for apparel, footwear or textiles to the State of Maine. These changes are required to meet the directive of the Maine State Legislature pursuant to 5 MRSA §1825-B.
THIS RULE WILL NOT_HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §1825-B, sub-§12
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: December 10, 2008
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:, Alan Henry, Director of Special Projects, Bureau of General Services, Cross Office Building, State House Station 77, Augusta, ME 04333-0077
TELEPHONE: (207) 287-7352
FAX: (207) 287-4039
E-MAIL: Alan.Henry@Maine.gov



AGENCY: 16-633 - Gambling Control Board
RULE TITLE OR SUBJECT: Ch. 8, Slot Machine Location and Hours of Operation
PROPOSED RULE NUMBER: 2008-P312
CONCISE SUMMARY: The Sunday hours will change to allow opening of the slot facility at 08:00 a.m., rather than noon.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 8 MRSA c. 31, §1003
PUBLIC HEARING: November 25, 2008 at 12:30 p.m., Department of Public Safety Headquarters, 45 Commerce Drive, Augusta Maine 04333
DEADLINE FOR COMMENTS: December 5, 2008
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMP ACT ON SMALL BUSINESS IF RELEVANT: Robert P. Welch, Gambling Control Board, 45 Commerce Drive, Suite #3, Augusta, Maine 04333-0087
TELEPHONE: (207) 626-3901
FAX: (207) 287-4356
E-MAIL: Robert.P.Welch@Maine.gov



AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 815, Standards for the Provision of Service, Billing, Credit and Collection, Termination of Service, and Customer Information for Electric and Gas Transmission and Distribution Utilities
PROPOSED RULE NUMBER: 2008-P313
CONCISE SUMMARY: The Commission adopted Ch. 815 on August 27, 2007 and the rule became effective on April 16, 2008. The Commission initiates these rulemaking amendments to make corrections and additions found necessary after the rule went into effect.
THIS RULE WILL HAVE MINIMAL FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA §§ 104, 111, 704 and 1308
PUBLIC HEARING: November 25, 2008, 9:00 a.m., Horace Libby Hearing Room, 242 State Street, Augusta
COMMENT DEADLINE: December 12, 2008
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, 18 State House Station, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831
E-MAIL: Paula.Cyr@Maine.gov



AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT: Ch. 3, Maine Clean Election Act and Related Provisions (major substantive)
PROPOSED RULE NUMBER: 2008-P314
CONCISE SUMMARY: The proposed rule amendment would increase the maximum amount of seed money contributions which gubernatorial candidates seeking Maine Clean Election Act funding could receive during the qualifying period from $50,000 to $150,000. A copy of the proposed rule amendment is available on the Ethics Commission’s website – www.maine.gov/ethics or by calling (207) 287-4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA §1003(1); 21-A MRSA §§ 1125(2) and 1126
PUBLIC HEARING: Monday, November 24, 9:00 a.m., Public Utilities Commission Hearing Room at 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on Monday, December 8, 2008
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-4179
E-MAIL: Jonathan.Wayne@Maine.gov


ADOPTIONS



AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: EMERGENCY
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03, Deer Hunting Seasons - (I) Open and Closed Seasons - (7) Marsh Island in the City of Old Town, County of Penobscot
ADOPTED RULE NUMBER: 2008-518
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule establishing the framework for a controlled hunting season for deer (with hand-held bow and arrow only) within the Marsh Island Sanctuary, in the City of Old Town. This is a permit-only hunt with permits being issued to licensed archery hunters authorized by a landowner. This special permit hunt will be for a specified period between November 1 and December 31. Each permit will specify the number and sex of the deer to be taken; eligible persons may obtain more than 1 permit. Deer taken under these permits are in addition to the statewide bag limit. The permit shall designate the timing and any other special conditions deemed necessary. All other laws and rules relating to deer hunting shall apply.
EFFECTIVE DATE: November 1, 2008
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station - 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov



AGENCY: 02-032 - Department of Professional and Financial Regulation, Office of Securities
CHAPTER NUMBER AND TITLE: Ch. 512 (New), Prohibition against Use of Misleading Senior Designations. Also, minor changes to Ch. 504, Broker-Dealer and Agent Licensing, and Ch. 515, Investment Adviser Licensing
ADOPTED RULE NUMBER: 2008-519 through 521
CONCISE SUMMARY: The new Ch. 512 and the amendments to existing Ch. 504 and 515 prohibit the use of certifications or designations by persons engaged in selling securities or investment advice under circumstances that may mislead investors about the person's level of expertise in advising or servicing the financial needs of seniors.
EFFECTIVE DATE: November 3, 2008
AGENCY CONTACT PERSON: Stephen L. Diamond, Office of Securities, 121 State House Station, Augusta, ME 04333-0131
TELEPHONE: (207) 624-8551
E-MAIL: Stephen.L.Diamond@Maine.gov



AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 155, Rules Governing Permits for Non-Divisible, Oversized and Overweight Combination Vehicles Engaged in Interstate Commerce
ADOPTED RULE NUMBER: 2008-522
CONCISE SUMMARY: This rule sets forth the procedures used by the Department of the Secretary of State for receiving applications and granting permits for the movement of oversized and overweight combination vehicles engaged in interstate travel on highways and bridges under the jurisdiction of the Department of Transportation pursuant to the Interstate Compact adopted by the New England Transportation Consortium.
CHAPTER NUMBER AND TITLE: Ch. 164, The Administration of Overweight Oceangoing Container (OGC) Permits
ADOPTED RULE NUMBER: 2008-523
CONCISE SUMMARY: This rule outlines the procedures and standards allowing for the discretionary permitting of overweight oceangoing containers by joint action of the Maine Department of Transportation and the Secretary of State. This rule is experimental and permits are issued on a case by case basis. Permits are issued pursuant to 29-A MRSA §2382.
EFFECTIVE DATE: November 3, 2008
AGENCY CONTACT PERSON: Francis Fox, Bureau of Motor Vehicles – Motor Carrier Services, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9056
E-MAIL: Francis.Fox@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual, Child Support Table
ADOPTED RULE NUMBER: 2008-524
CONCISE SUMMARY: The Child Support Table (“Table”) is a schedule of basic child support obligations (per child per week rounded to the nearest dollar) based on the parents’ combined gross income. The Table is divided into two age brackets (age 0-11 years and age 12-17 years) and is further broken down by the number of children for whom support is to be established. The Table was developed using the most recent authoritative national studies of child rearing expenditures and reflects the percentage of combined gross income that parents living in the same household ordinarily spend on their children. The Table does not reflect expenditures for child care, health insurance, and extraordinary medical expenses. The Table is designed to be used in conjunction with Maine law (19-A MRSA §2001 et seq.) to establish a total child support obligation that includes actual child care, health insurance and extraordinary medical expenses.
EFFECTIVE DATE: December 1, 2008
AGENCY CONTACT PERSON: Kevin C. Wells, Staff Attorney, Division of Support Enforcement and Recovery, 11 State House Station, Augusta ME 04333-0011
TELEPHONE: (207) 287-5095
E-MAIL: Kevin.Wells@Maine.gov



AGENCY: 02-029 - Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 141, Assessments – Nondepository Trust Companies, Uninsured Banks, and Merchant Banks
ADOPTED RULE NUMBER: 2008-525
CONCISE SUMMARY: In January 2002, the Bureau of Financial Institutions promulgated Regulation 41 setting forth the assessment which must be paid by nondepository trust companies, uninsured banks and merchant banks. The Regulation also defined fiduciary assets under management, custody or care upon which the assessment is based. This Regulation was last promulgated in 2004 to provide for the transition from annual to quarterly assessments. The Regulation is being amended to replace dated assessment that had been, or will be, paid by nondepository trust companies, uninsured banks, and merchant banks until December 31, 2008 and to establish the quarterly assessment required beginning with the calendar quarter ending March 31, 2009. Its anticipated effective date is January 1, 2009. It is a routine technical rule as defined in 5 MRSA §8071(2)(A).
EFFECTIVE DATE: January 1, 2009
AGENCY CONTACT PERSON: Christian D. Van Dyck, Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8574
E-MAIL: Christian.D.VanDyck@Maine.gov