Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation

Home > Weekly Newspaper Notices > May 13, 2009

May 13, 2009

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:  29-250 – Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT:  Ch. 158 – Administration of Trailer Transit Plates
PROPOSED RULE NUMBER: 2009-P106
CONCISE SUMMARY: To revise the Title from 29 MRSA to 29-A MRSA; to add the description of light trailers; to allow the use of trailer transit plates on light trailers with the appropriate load as defined in Title 29-A MRSA §462-8(A), (B) and (C); to change the date allowed to display the number plates on or after December 1st; and to change the contact phone number and agency section responsible for the issuance of such license and plates.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  29-A MRSA §462, sub-§8
PUBLIC HEARING:  June 5, 2009, 9:00 am, Bureau of Motor Vehicles, 101 Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS:  10 Days from hearing date – June 15, 2009
RULE TITLE OR SUBJECT:  Ch. 104- Rules for the Used Car Information Act
PROPOSED RULE NUMBER: 2009-P107
CONCISE SUMMARY: To add “reconstructable motor vehicle” definition; to add disclosure of major mechanical defects or substantial damage from collision, fire, water or any other means if known; to add the “Unsafe Motor Vehicle Window Form” for unsafe motor vehicles; and to give clarification to meet the requirements of Title 10 MRSA, Part 3, Chapter 217:  Used Car Information.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  10 MRSA §1471 - §1478
PUBLIC HEARING:  June 5, 2009, 10:30 am, Bureau of Motor Vehicles, 101 Hospital Street, Augusta, Maine  04333
DEADLINE FOR COMMENTS:  10 Days from hearing date – June 15, 2009
AGENCY CONTACT PERSON FOR THESE RULES, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT:  Garry Hinkley, Bureau of Motor Vehicles, Div. of Vehicle Services, 101 Hospital Street, Augusta, Maine  04333:  
TELEPHONE: (207) 624-9055; FAX:  (207) 624-9037
EMAIL:  garry.hinkley@maine.gov
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON:  catherine.curtis@maine.gov


AGENCY:  13-188 – Department of Marine Resources
RULE TITLE OR SUBJECT:  Ch. 26.07(1) – Sea Urchin Harvesting Season 2008-2009 2009-2010 – Zone 1
PROPOSED RULE NUMBER: 2009-P108
CONCISE SUMMARY:  For purposes of Conservation pursuant to 12 MRSA §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2009-2010.  The department proposes a 10 day season for divers, trappers, rakers and draggers in 2009-2010, which was the same length of season in 2008-2009.  The Sea Urchin Zone Council recommended the selection of these particular days.  Divers, rakers and trappers will have a choice of fishing 10 days in September or 10 days in December; and draggers in December or January.  The deadline for selection of early or lake season dragging in Zone 1 would be changed to November 15.
RULE TITLE OR SUBJECT:  Ch. 26.07(2) – Sea Urchin Harvesting Season 2008-2009 2009-2010 – Zone 2
PROPOSED RULE NUMBER: 2009-P109
CONCISE SUMMARY:  For purposes of conservation pursuant to 12 MRSA §6171, §6171-A, and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2009-2010.  The Department proposes a 45 day season for divers, trappers, rakers and draggers in 2009-2010, which was the same length of season in 2008-2009.  The Sea Urchin Zone Council recommended the selection of these particular days.  Divers, rakers, trappers and draggers will have a choice of an early or late season instead of a single early season.  The deadline for selection of early or late season in Zone 2 would be changed to August 15.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY:  12 MRSA §6171, §6171-A and §6749
AGENCY CONTACT PERSON:  Margaret Hunter
TELEPHONE:  (207) 633-9500
PUBLIC HEARINGS:  June 1, 2009, 6:00 pm*, Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth (*The Zone 2 season proposed rules will be followed by proposed season rules for Zone 1; see separate rulemaking notice.)
June 2, 2009, 6:00 pm*, Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor (*The Zone 1 season proposed rules will be followed by proposed season rules for Zone 2; see separate rulemaking notice.)
HEARING FACILITIES:  If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR WRITTEN COMMENTS:  June 12, 2009
To ensure consideration, comments must include your name and the organization you represent, if any.  Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO THE AGENCY RULEMAKING LIAISON:  Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, ME  04575-0008 
EMAIL:  laurice.churchill@maine.gov
WEBSITE:  http://www.maine.gov/dmr/rulemaking/
TELEPHONE: (207) 633-9500
FAX:  (207) 633-9579; TTY:  (207) 633-9500 (Deaf/Hard of Hearing)


AGENCY:  90-351 – Worker’s Compensation Board
RULE TITLE OR SUBJECT:  Ch. 9(2) – Coordination of Benefits Pursuant to Section 221(1) & (3)
PROPOSED RULE NUMBER: 2009-P110
CONCISE SUMMARY:  This rule establishes a method for calculating a reduction of weekly benefits when an employee receives a lump sum or periodic payment over a period less than the employee’s life expectancy pursuant to a self-insurance wage continuation, disability insurance policy, pension, or retirement policy established or maintained by the employer.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  39-A MRSA §§ 152(2) and 221(1) & (3)
PUBLIC HEARING:  Monday, June 1, 2009, 9:00 am, Workers’ Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS:  Thursday, June 11, 2009, 5:00 pm
AGENCY CONTACT PERSON/AGENCY RULE-MAKING LIAISON:  John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta, ME  04333-0027
TELEPHONE: (207) 287-7086
EMAIL:  john.rohde@maine.gov


AGENCY:  94-457 – Finance Authority of Maine
RULE TITLE OR SUBJECT:  Higher Education Purchase Program
PROPOSED RULE NUMBER: 2009-P111
CONCISE SUMMARY:  This amendment provides that the Authority is eligible to originate federal student loans as well as purchase them from other eligible lenders.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:  20-A MRSA §11497
PUBLIC HEARING:  N/A
DEADLINE FOR COMMENTS:  June 12, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT/RULEMAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME  04332-0949
TELEPHONE: (207) 623-3263, FAX:  (207) 623-0095
EMAIL:  croney@famemaine.com



ADOPTIONS


AGENCY:  07-105 –State Planning Office
CHAPTER NUMBER AND TITLE:  Ch. 480, Requirements for the State Planning Office to Accept Public Comment before amending a Solid Waste Disposal Facility Operating Agreement
ADOPTED RULE NUMBER:  2009-176
CONCISE SUMMARY:  This rule requires the State Planning Office to accept public comments when certain changes are proposed to an operating services agreement between the office and its contracted operator of a state-owned solid waste disposal facility. The rule lays out the requirements for a public hearing. The rule was initiated at the direction of a citizen’s petition.
EFFECTIVE DATE:  May 9, 2009
AGENCY CONTACT PERSON/OVERALL AGENCY RULE-MAKING LIAISON: Jody Harris, State Planning Office, 38 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-5424
EMAIL:  jody.harris@maine.gov


AGENCY:  02-041 –Department of Professional and Financial Regulation, Office of Licensing and Registration, Interpreters and Transliterators of American Sign Language
CHAPTER NUMBER AND TITLE: Ch. 50, Definitions (amend); Ch. 51, Requirements For Initial Licensure (repeal and replace); Ch. 52, License Renewal and Continuing Education (amend); Ch. 53, Conversion of Registrants to Licensees (repeal); Ch. 54 Disclosure Statement (amend); Ch. 55 Complaints and Investigations (amend); Appendix (repeal)
ADOPTED RULE NUMBER:  2009-177 through 2009-183
CONCISE SUMMARY:  The adopted rules expand the pathways to licensure as a limited or certified interpreter/transliterator or deaf interpreter; increase the amount of continuing education required for renewal of a limited license from 15 to 20 hours annually; and alter requirements pertaining to the disclosure statement provided by licensees.
EFFECTIVE DATE:  May 9, 2009
AGENCY CONTACT PERSON:  Elaine Thibodeau, Program Administrator; Office of Licensing and Administration, 35 State House Station, Augusta, ME 04333
TELEPHONE:  (207) 624-8617
EMAIL:  elaine.m.thibodeau@maine.gov
EMAIL FOR OVERALL AGENCY RULE-MAKING LIAISON:  jeffrey.m.frankel@maine.gov


AGENCY:  94-457 – Finance Authority of Maine
CHAPTER NUMBER AND TITLE:  Ch. 615, Higher Education Loan Purchase Program, Amendment 1 (Emergency)
ADOPTED RULE NUMBER:  2009-184
CONCISE SUMMARY:  The amendment makes changes to clarify that FAME is authorized to originate loans under the Program.
EFFECTIVE DATE:  May 4, 2009
AGENCY CONTACT PERSON/OVERALL AGENCY RULE-MAKING LIAISON:  Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, 5 Community Drive, PO Box 949, Augusta, ME 04332-0949
TELEPHONE:  (207) 623-3263; TDD:  (207) 626-2715
EMAIL:  croney@famemaine.com


AGENCY:  94-078 – Energy and Carbon Savings Trust
CHAPTER NUMBER AND TITLE:  Ch. 2, Administration of Trust, Budgeting, Project Selection Criteria and Procedure, Monitoring and Evaluation Requirements
ADOPTED RULE NUMBER:  2009-185
CONCISE SUMMARY:  This rule establishes administrative and operational requirements for the activities of the Energy and Carbon Savings Trust and its grantees.  It includes provisions governing the management of competitive bid processes for awarding contracts and grants funded by the Trust and requirements for post-grant award monitoring and evaluation of programs and projects that receive Trust funding.
EFFECTIVE DATE:  June 5, 2009
AGENCY CONTACT PERSON:  Stephen L. Diamond, Chair; Energy and Carbon Savings Trust, c/o Maine Public Utilities Commission, 18 State House Station, 242 State Street, Augusta, ME 04333
TELEPHONE:  (207) 287-3831