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Home > Weekly Rule-making Notices > February 22, 2012

February 22, 2012

WEEKLY NOTICES 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.


NOTICE OF AGENCY PUBLIC HEARING



AGENCY: 95-659 - Maine Vaccine Board, in association with 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control
RULE CHAPTER NUMBER: Ch. 248
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Stephen Sears, M.D., State Epidemiologist, Department of Health and Human Services, Maine Center for Disease Control and Prevention, 6 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5183. E-mail: Stephen.Sears@Maine.gov .
PUBLIC HEARING: Tuesday, March 6, 2012, 9:00 a.m., Cross State Office Building, Room 209, Augusta, Maine
COMMENT DEADLINE: March 19, 2012
BRIEF SUMMARY: The Department of Health and Human Services ("the Department") and Maine Vaccine Board oversee the administration of the Universal Childhood Immunization Program established by P.L. 2009, c. 595 and codified at 22 MRSA §1066. The Department and Maine Vaccine Board have established a list of permanent vaccines to be included in the Universal Childhood Immunization Program. 95-659 C.M.R. Ch. 248, List of Vaccines to be provided by the Universal Childhood Immunization Program. Pursuant to 95-659 CMR Ch. 248, §IV, the Department and Maine Vaccine Board may revise on an interim basis for a period not to exceed 18 months the authorized list of uniform childhood vaccines after conducting a public hearing in accordance with the Maine Administrative Procedure Act. The public hearing will be held on Tuesday, March 6, 2012 at 9:00 a.m. at the Burton Cross State Office Building, 111 Sewall Street, Room 209, Augusta, Maine. The purpose of the public hearing is to receive public comment to guide the Department of Health and Human Services and the Maine Vaccine Board whether to make interim modifications to the Authorized List of Uniform Childhood Vaccines.
IMPACT UPON MUNICIPALITIES OR COUNTIES: No impact upon municipal governments or county governments is anticipated.
STATUTORY AUTHORITY: The Department of Health and Human Services and Maine Vaccine Board have statutory and regulatory authority to conduct a public hearing for the purpose of considering interim adjustments to the List of Vaccines to be Provided by the Universal Childhood Immunization Program pursuant to 22 MRSA §1066 and 95-659 C.M.R. Ch. 248, §IV.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 22 MRSA §1066 and 95-659 C.M.R. Ch. 248


PROPOSALS


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 81, Designation of Priority Toxic Chemicals, and
Ch. 82, Priority Toxic Chemical Reporting and Pollution Prevention Planning,
PROPOSED RULE NUMBERS: 2011-P180 and P181 (reopened)
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Julie Churchill, Maine Department of Environmental Protection, 17 State House Station, Augusta, Maine 04333. Telephone: (207) 287-7881. Fax: (207) 287-2814. E-mail: Julie.M.Churchill@Maine.gov .
PUBLIC HEARING: N/A
COMMENT DEADLINE: March 23, 2012 at 5 p.m., 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. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and provided an opportunity for comment.
BRIEF SUMMARY: The Department held a public hearing on October 18, 2011 on the proposed amendments to rule Ch. 81; Designation of Priority Toxic Chemicals and Ch. 82; Priority Toxic Chemical Reporting and Pollution Prevention Planning. The comment period closed on October 28, 2011. In response to evidence received at the hearing and written comments received from interested parties, the Department is proposing to adopt certain changes to the proposed rule that will result in a rule that differs considerably from the Department’s initial proposal. The Maine Administrative Procedure Act (MAPA), 5 MRS §8052(5) requires that “[if] an agency determines that a rule that the agency intends to adopt is substantially different from the proposed rule, the agency shall request comments from the public concerning the changes from the proposed rule.”
Ch. 81, required by Maine’s Priority Toxic Chemical Use Reduction laws, 38 MRS §§ 2321 to 2330. The rule defines a list of “priority toxic chemicals” that subjects entities using the substances to reporting and pollution prevention planning requirements regarding any of the listed chemicals being used. This rulemaking proposes to add: Cadmium; Formaldehyde; Hexavalent Chromium; Perchloroethylene; Styrene; and, Trichloroethylene as priority toxic chemicals.
Ch. 82, Maine’s Priority Toxic Chemical Use Reduction laws, 38 MRS §§ 2321 to 2330, subjects entities using substances defined as “priority toxic chemicals” to reporting and pollution prevention planning requirements regarding any of the listed chemicals being used. This rulemaking seeks to establish details applicable to these reporting and pollution prevention planning requirements.
IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §§ 2321, to 2330
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4.05, Moose Hunting (K. Open and Closed Season)
PROPOSED RULE NUMBER: 2012-P18
CONTACT PERSON FOR THIS FILING: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5201. E-mail: Becky.Orff@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: March 23, 2012
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend the rule that provides for a controlled moose hunt during a specified period between August 15 and December 31, 2012 in designated areas in Aroostook County open to the hunting of moose by permit only to special landowners and guides through a lottery. In addition, moose hunting permits will be issued to disabled veterans in cooperation with the Maine Department of Defense, Veterans and Emergency Management, Bureau of Veterans Services. The Department will determine the number of moose hunting permits to be issued. Each permit will specify the number and sex of moose to be taken, the timing of the hunt, and any other special conditions deemed necessary. The objective of this proposal is to lower moose numbers in specific areas where they are causing damage.
A detailed copy of the rule may be obtained from the Agency Contact person listed above.
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §§ 10104, 11551
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/sos/cec/rules/09/chaps09.htm .
IF&W RULE-MAKING LIAISON: Becky.Orff@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 256, Maine Medical Laboratory Rules (repeal and replace)
PROPOSED RULE NUMBER: 2012-P19
CONTACT PERSON FOR THIS FILING: Phyllis Powell, Division of Licensing and Regulatory Services, 41 Anthony Ave, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300; (800) 791-4080. Fax: (207) 287-5807. E-mail: Phyllis.Powell@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION: Same
PUBLIC HEARING: No public hearing scheduled. Five interested persons may request a public hearing by contacting the person listed above.
COMMENT DEADLINE: March 23, 2012 at 5 pm
BRIEF SUMMARY: The proposed rules repeal and replace the “Rules for Maine Medical Laboratories.” They include statutory changes made by the Maine Legislature in PL 2005, chapter 383, §21 regarding public health reporting requirements. The rules clarify which laboratories must secure a state license and which laboratories are exempt from state licensure. Since each medical laboratory, including laboratories that must have a state license and those exempt from state licensure, must have a federal CLIA certification, the proposed state rules have been amended to incorporate by reference CLIA federal regulations thereby eliminating redundancies and duplication between state and federal regulations. These changes align state rules with the federal Clinical Laboratory Improvement Amendments of 1988, as amended (CLIA). The proposed rules clarify the procedure to secure a permit for a health screening laboratory (HSL) event, such as a “health screening fair.”
The proposed rules are posted at http://www.maine.gov/dhhs/dlrs/rulemaking/proposed.shtml . Call (207) 287-9300 to have a paper copy of the rule mailed to you.
ECONOMIC IMPACT: This proposed rule is not expected to fiscally impact or create new recording burdens for small businesses. This proposed rule is not expected to yield new costs for municipal or county governments.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA Ch. 411; 22 MRSA §42; and 22-A MRSA §205.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: The federal Clinical Laboratory Improvement Amendments of 1988 (CLIA), as amended: 42 Code of Federal Regulations Part 493, as revised October 1, 2010, is incorporated by reference pursuant to 5 MRSA §8056 of the Maine Administrative Procedure Act.
WEBSITE: http://www.maine.gov/dhhs/dlrs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .



AGENCY: 18-553 - Bureau of Alcoholic Beverages and Lottery Operations; Maine State Liquor and Lottery Commission
RULE TITLE OR SUBJECT: Ch. 50, Lucky for Life Rules
PROPOSED RULE NUMBER: 2012-P20
CONCISE SUMMARY: This new rule governs the online draw game Lucky for Life. Lucky for Life is a regional New England game to be sold in Maine, New Hampshire, Vermont, Massachusetts, Rhode Island and Connecticut. Maine has entered into a legal agreement with those states to sell this game. This game will replace Maine’s version of the Tri-State Lotto Commission game, Weekly Grand Extra. Lucky for Life costs $2.00 per single play bet; has a double game matrix of 5 of 40 and 1 of 21, has overall odds of winning a prize of 1 in 6.613; has odds of winning the top prize of 1 in 13,818,168; has a top prize of $7000 a week for life and has a Match 5+0 second prize of $25,000. This game will be drawn on Mondays and Thursdays. The Lucky for Life Regional Game Agreement as executed by the party lotteries has specific game rules in place for the conduct of the game. The Maine State Liquor and Lottery Commission must adopt uniform provisions and Maine specific provisions for the major components of the rules for Lucky for Life as required by the Lucky for Life Regional Game Agreement. The signatories of the Lucky for Life Regional Game Agreement are the governing body for the Lucky for Life game.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
FISCAL IMPACT ON MUNICIPALITIES: None
STATUTORY AUTHORITY: 8 MRSA §374 and 8 MRSA §372, sub-§2, ¶I
PUBLIC HEARING: No Public Hearing
DEADLINE FOR COMMENTS: March 23, 2012
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/lottery/index.htm .
DEPARTMENTAL (DAFS) RULE-MAKING LIAISON: Jennifer.M.Smith@Maine.gov .


ADOPTIONS


AGENCY: 02-313 - Maine Board of Dental Examiners (affiliated with the Department of Professional and Financial Regulation)
CHAPTER NUMBER AND TITLE: Ch. 16 (New), Rules to Implement a 2-year Pilot Project for Independent Practice Dental Hygienists to Process Dental Radiographs in Underserved Areas of the State
ADOPTED RULE NUMBER: 2012-38
CONCISE SUMMARY: This chapter implements Resolve 2011, Ch. 167 of the 125th Maine Legislature (First Regular Session)(LD 230), a pilot project to allow independent practice dental hygienists to expose and process dental radiographs in federally designated dental health professional shortage areas of the state. The rule contains the protocols developed by the Board to implement the pilot project. The protocols include: notification to the Board; dental radiographic equipment inspection and operation standards; the types of dental radiographs that can be taken; a requirement that a dentist review any radiographs within 21 days; inspection requirements; and documentation requirements, which will assist the Board in its report back to the Joint Standing Committee on Labor, Commerce, Research and Economic Development by January 15, 2013.
EFFECTIVE DATE: February 20, 2012
AGENCY CONTACT PERSON: Teneale E. Johnson, Maine Board of Dental Examiners, 143 State House Station, Augusta, ME 04333-0143. Telephone: (207) 287-3333. E-mail: Teneale.E.Johnson@Maine.gov .
WEBSITE: http://www.mainedental.org/ .
DAFS RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .



AGENCY: 02-298 - Department of Professional and Financial Regulation (P&FR), Office of Professional and Occupational Regulation (OPOR), Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 220, Educational Course Requirements
ADOPTED RULE NUMBER: 2012-39
CONCISE SUMMARY: This amendment to Ch. 220 implements PL 2011, c. 286, sec. L2 by establishing a continuing education course approval mechanism that will be administered by the board. This amendment provides an alternate pathway for the approval of continuing education programs in Maine in addition to the national program approval process offered by the (federal) Appraisal Qualifications Board.
EFFECTIVE DATE: February 20, 2012
AGENCY CONTACT PERSON: Carol Leighton, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov . Telephone: (207) 624-8520.
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/appraisers/index.htm .
OPOR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #03-12
ADOPTED RULE NUMBER: 2012-40 (Emergency)
CONCISE SUMMARY: Minimum March 2012 Class I price is $19.55/cwt. plus $1.40/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $1.40/cwt. handling fee for a total of $24.08/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: March 4, 2012
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/mmc/index.shtml .