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Home > Weekly Newspaper Notices > September 2, 2009

September 2, 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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT:
Ch. 271, Gypsy Moth Quarantine
Ch. 272, European Larch Canker Quarantine
PROPOSED RULE NUMBER: 2009-P223 and P224
CONCISE SUMMARY: One proposed rule establishes a state quarantine for the gypsy moth to prevent its movement from all counties except parts of Aroostook, Franklin, Oxford, Penobscot, Piscataquis and Somerset Counties to other parts of the State. The other rule establishes a state quarantine for the European larch canker to prevent its movement from parts of Hancock, Knox, Lincoln, Waldo and Washington Counties to other parts of the State. These are established to protect Maine's forest and landscape tree resources. The gypsy moth and European larch canker are federally regulated and these rules fulfill the requirement that Maine must have a similar state quarantine in place because the state is partially regulated for both gypsy moth and European larch canker.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Ch. 409 §§ 2301-2303
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: 4:00 pm on Wednesday, October 7, 2009
AGENCY CONTACT PERSON: E. Ann Gibbs, State Horticulturist, Division of Plant Industry, 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3891
FAX: (207) 624-5025
E-MAIL: Ann.Gibbs@Maine.gov
URL: http://www.maine.gov/agriculture/pi/



AGENCY: 10-144 - Maine Well Drillers Commission
RULE TITLE OR SUBJECT: Ch. 232, State of Maine Well Drillers and Pump Installers Rules
PROPOSED RULE NUMBER: 2009-P225
CONCISE SUMMARY: The Maine Well Drillers Commission is proposing new rules to comply with legislation which requires licenses for geothermal well drillers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §4700-E through-M, 22 MRSA §1689, §1689 -A and 32 MRSA §3501, sub-§6
PUBLIC HEARING: 9:00 a.m. - September 23, 2009 - 286 Water Street, Augusta, Maine 04333, Room 16, First Floor
DEADLINE FOR COMMENTS: October 8, 2009
AGENCY CONTACT PERSON: David Braley, Commission Member, Maine Well Drillers Commission, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3194
TTY: (207) 287-5550
E-MAIL: David.Brayley@Maine.gov
URL: http://www.maine.gov/dhhs/eng/water/welldrillers.htm



AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #10-09
PROPOSED RULE NUMBER: 2009-P226
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
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: September 18, 2009, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 18, 2009
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333
E-MAIL ADDRESS: Tim.Drake@Maine.gov
TELEPHONE: (207) 287-7521



AGENCY: 02-380 - Maine State Board of Nursing
RULE TITLE OR SUBJECT: Ch. 10, Regulations Relating to Administration of Intravenous Therapy by Licensed Nurses
PROPOSED RULE NUMBER: 2009-P227
CONCISE SUMMARY: Per statutory requirement, 32 MRSA §2102-C changes drawing lab specimens from IV (intravenous) site from its current listing as a Category III (registered professional nursing) skill to a Category II (licensed practical nursing) skill.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §2102-C
PUBLIC HEARING: No hearing scheduled
DEADLINE FOR COMMENTS: October 2, 2009
AGENCY CONTACT PERSON: Virginia. deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133
E-MAIL: Virginia.E.Delormier@Maine.gov
URL: http://www.maine.gov/boardofnursing/



AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 3, Rules and Regulations Relating to Beano
PROPOSED RULE NUMBER: 2009-P228
CONCISE SUMMARY: This partial amendment sets forth a tie breaking mechanism that may be used when it is impracticable to divide the beano prize equally in the event of a tied game. In the event of a tied game, the Licensee may continue to draw beano numbers for those players involved in the tie. If this mechanism is used, the first player that can cover that number on his playing card will be the single winner of that prize.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 17, Chapter 13-A, §317
PUBLIC HEARING: September 25, 2009, 1:00 p.m., Florian Hall, Central Maine Commerce Center, 45 Commerce Drive, Augusta, Maine
DEADLINE FOR COMMENTS: October 23, 2009
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: Inspector, Barry Hathaway, Maine State Police, 164 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-7213
FAX: (207)287-3424
E-MAIL: Barry.G.Hathaway@Maine.gov
URL: http://www.maine.gov/dps/msp/



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 97, Private Non-Medical Institution Services
PROPOSED RULE NUMBER: 2009-P229
CONCISE SUMMARY: These proposed rules will permanently adopt emergency rules already in effect for prior authorization of behavioral health PNMI services. The rules also propose additional prior authorization criteria for other PNMI services, and the Department is adding language detailing medical eligibility criteria. These changes are necessary to assure that PNMI services are medically necessary and that more cost effective community based services are used to the fullest extent possible. In this Section, the Department is also defining models of children’s PNMI services for which standard rates are being set in a separate rulemaking pertaining to reimbursement of PNMI services in Chapter III, Section 97. The Maine State Legislature has directed the Department to achieve $6.8 million savings per State fiscal year in this rulemaking for children’s services. Another $1.7 million of savings is expected through the scattered site housing changes.
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, §42, §3173, PL 2009, ch. 213, Part A
PUBLIC HEARING: September 22, 2009 - 10:00 a.m., Conference Room, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before September 18, 2009.
DEADLINE FOR COMMENTS: Comments must be received by midnight October 4, 2009
AGENCY CONTACT PERSON: Patricia Dushuttle, Manager, Division of Policy and Performance, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
E-MAIL: Patricia.Dushuttle@Maine.gov



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2009-P230
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is holding public hearings to solicit input on the newly combined open water and ice fishing book to be produced every 2 years, as well as regulation changes on specific waters. Copies of the draft book and a list of the regulation changes may be obtained either at the hearings or from the Agency Contact Person listed below and are also posted on the Department’s website at www.maine.gov/ifw. As a result of this effort, some minor regulation changes were necessary and many management changes are also being proposed. All of the proposals may be discussed at the 3 public hearings listed below. Anyone unable to attend a public hearing is encouraged to submit written comments on the new book or any of the proposals to the address below.
STATUTORY AUTHORITY: 12 MRSA §10104
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARINGS:
Sept. 22 @ 6:30 p.m - Princeton Elementary School, 289 Main Street, Princeton
Sept. 23 @ 6:30 p.m - Dover-Foxcroft Town Office, 48 Morton Avenue, Dover-Foxcroft
Sept. 24 @ 6:30 p.m – Auburn Middle School, 38 Falcon Drive, Auburn
DEADLINE FOR COMMENTS: October 5, 2009
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 SHS, Augusta, ME 04333-0041
E-MAIL: Andrea.Arskine@Maine.gov
URL: http://www.maine.gov/ifw/


ADOPTIONS



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-09
ADOPTED RULE NUMBER: 2009-443
CONCISE SUMMARY: Minimum September 2009 Class I price is $14.18/cwt. plus $1.58/cwt. for Producer Margins, an overorder premium of $1.53/cwt. as being prevailing in Southern New England and $5.58/cwt. handling fee for a total of $23.07/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: August 30, 2009
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
E-MAIL ADDRESS: Tim.Drake@Maine.gov
TELEPHONE: (207) 287-7521
URL: http://www.maine.gov/agriculture/mmc/



AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 410, Retirees Returning to Employment after Retirement with the Same Employer
ADOPTED RULE NUMBER: 2009-444
CONCISE SUMMARY: The amendments to this rule made several changes to the impacts on retirement benefits for a retiree who has returned to work with the same employer and has not yet reached Norma! Retirement Age. The amendments: (1) Increase from 60 to 90 the number of days that a retiree can return to work; (2) Eliminate the restriction on the type of position to which a retiree can return to work; (3) Eliminate noncompliance penalties to the retiree and employer; (4) Change the interest rate charged to retirees who are required to repay retirement benefits; and (5) Change the manner in which overpaid benefits are recovered by the System.
EFFECTIVE DATE: August 30, 2009
AGENCY CONTACT PERSON: Kathy Morin, Maine Public Employees Retirement System, 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: 512-3190 or 1 (800) 451-9800
E-MAIL: Pam.McArthur@Mainepers.org
URL: http://www.mainepers.org/



AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting
ADOPTED RULE NUMBER: 2009-445
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2009 Migratory Bird Hunting Season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: August 19, 2009
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries & Wildlife, #41 SHS - 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@Maine.gov
URL: http://www.maine.gov/ifw/