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Home > Weekly Rule-making Notices > March 12, 2014

March 12, 2014

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.


PROPOSALS


AGENCY: 01-672 - Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 13, Metallic Mineral Exploration, and Certification of Advanced Exploration and Mining, sub-ch. 1 and 2; and Ch. 10, Land Use Districts and Standards, as required by ß29, sub-ß3 of Public Law 2011 ch. 653 (LD 1853)
PROPOSED RULE NUMBERS: 2014-P037, P038
BRIEF SUMMARY: The Land Use Planning Commission is seeking public comment on a proposed rule change to amend the Commissionís Ch. 13, Metallic Mineral Exploration, and Certification of Advanced Exploration and Mining, by replacing sub-ch. 1 and 2, and Ch. 10, Land Use Districts and Standards, to update the Commissionís rules for metallic and non-metallic mineral exploration activities. This will increase consistency with the Maine Metallic Mineral Mining Act and with the DEPís regulations.
DETAILED BASIS STATEMENT / SUMMARY: The Land Use Planning Commission is seeking public comment on a proposed rule change to amend the Commissionís Ch. 13, Metallic Mineral Exploration, and Certification of Advanced Exploration and Mining, by replacing sub-ch. 1 and 2, and Ch. 10, Land Use Districts and Standards, to update the Commissionís rules for metallic and non-metallic mineral exploration activities. This will increase consistency with the Maine Metallic Mineral Mining Act and with the DEPís regulations.
The proposed routine technical rules effectively replace the existing sub-ch. 1 and 2 of Ch. 13 with new sub-ch. 1 and 2. When combined with the Commissionís major substantive rule-making that creates new sub-ch. 3 and repeals the other existing sub-chapters, the result is a new Ch. 13 with sub-ch. 1 through 3. The proposed routine technical rules, as well as the separate major substantive rules, will both be timed to take effect on June 1, 2014. The proposed sub-chapters 1 and 2 correspond to the Departmentís draft Ch. 200 rule changes, which are currently being reviewed by the legislature and are intended to take effect on June 1, 2014.
The proposed amendment entails removing standards applicable only to advanced exploration and mining and clarifying the requirements for exploration. These rules pertain to metallic mineral exploration activities located in Maineís unorganized and deorganized areas. While exploration is a use allowed without a permit subject to standards in some subdistricts, in others this activity will continue to require a permit, and in a few subdistricts is a use allowed only by special exception.
Several amendments to the Commissionís Ch. 10 rules also are proposed, for the purpose of clarifying the implementation of Ch. 13, as a part of these routine technical rule changes:
* Section 10.02, 98, Level C Mineral Exploration
* Sections 6 and 9 of 10.21,G, the D-PD Planned Development Subdistrict rules
* Section 10.27,C, the rules for non-metallic Mineral Exploration and Extraction
The changes in Section 10.21,G were included in the Basis Statement for Ch. 12 (filing 2013-118) in response to a public comment, stating that the correction would be made as soon as possible. During the preparation of the Ch. 13 routine technical rules, it became apparent that changes to Section 10.02,98 and Section 10.27,C would also be needed. On change in Section 10.27, C would also alter the requirements for vegetative buffering of non-metallic mineral exploration activities.
A copy of the above proposed rule changes may be viewed at the Commissionís main office at 18 Elkins Lane, Harlow Building, Augusta, Maine or may be downloaded from the agencyís web site at www.maine.gov/doc/lupc/. To view the proposed rule changes at the Augusta office, please call the office in advance at (207) 287-2631.
PUBLIC HEARING: Not applicable
COMMENT DEADLINE: Written comments April 11, 2014; rebuttal comments April 18, 2014
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Samantha Horn Olsen, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-4932. TTY: (888) 577-6690. E-mail: Samantha.Horn-Olsen@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA ß684, ß685-A,3, ß685-C, 5; and Public Law 2011 ch. 653, LD 1853, 125th Legislature
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
DEPARTMENT RULE-MAKING LIAISON: Mari-Wells@Maine.gov .



AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
PROPOSED RULE NUMBER: 2014-P039
BRIEF SUMMARY: This proposed rule amendment will change the file specifications and mapping, as mandated by the U.S. Department of Health & Human Services, in order to accommodate the implementation of the International Classification of Diseases, 10th Revision, Clinical Modification (ICD-10-CM).
Copies of these proposed rules can be reviewed and printed from the MHDO website at http://mhdo.maine.gov/imhdo/rules.htm or, to receive a paper copy call (207) 287-6722.
PUBLIC HEARING: April 3, 2014, 9:00 a.m., Maine Health Data Organization, 151 Capitol Street, Augusta, ME 04333
COMMENT DEADLINE: April 14, 2014
CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS INFORMATION / MHDO RULE-MAKING LIAISON: Debra Dodge, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333. Telephone: (207) 287-6724. Fax: (207) 287-6732. E-mail: Debra.J.Dodge@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This rule will not have a fiscal impact on municipalities, counties or small businesses.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRSA ßß 8703(1), 8704(4), 8708(6-A) and 8712(2)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MHDO WEBSITE: https://mhdo.maine.gov/ .


ADOPTIONS


AGENCY: 99-650 - Combat Sports Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 1 through 11, Rules for Mixed Martial Arts:
Ch. 1, General Rules for Mixed Martial Arts Contests;
Ch. 2, Technical Requirements for Mixed Martial Arts Contests;
Ch. 3, Judging / Refereeing Mixed Martial Arts Contests;
Ch. 4, Rules Governing Judges for Mixed Martial Arts Contests;
Ch. 5, Rules Governing Referees of Mixed Martial Arts Contests;
Ch. 6, Rules Governing Promoters of Mixed Martial Arts Contests;
Ch. 7, Requirements for Mixed Martial Arts Competitors;
Ch. 8, Rules Governing Managers, Trainers, Seconds, Cutpersons, and Cornerpersons for Mixed Martial Arts Competitors;
Ch. 9, Rules Governing Attending Physicians for Mixed Martial Arts Contests;
Ch. 10, Rules Governing Inspectors for Mixed Martial Arts Contests;
Ch. 11, Rules Governing Timekeepers for Mixed Martial Arts Contests.
ADOPTED RULE NUMBER: 2014-027 thru 037
CONCISE SUMMARY: These routine technical rules elaborate the Authority's ability, established by 8 M.R.S. Ch. 20, to supervise mixed martial arts events. They repeal and replace existing Ch. 1 through 11 of the Authority's Rules for Mixed Martial Arts, in order to address more comprehensively regulatory concerns, enhance health and financial protections for competitors, eliminate duplication in the present rules, and refine the present texts for easier compliance by participants. They cover topics including judging; refereeing; qualifications for and duties of promoters, competitors, managers, seconds, ringside physicians, inspectors, timekeepers, and any other participants for whom the Authority may require certification; rules of competition; requirements for event liability and workers compensation insurance; procedures for promoters' collection and remittance of gate revenues; mandatory financial disclosure by promoters; and measures including the provision of medical and event security personnel to ensure the orderly and safe occurrence of events for the benefit of both participants and the public.
EFFECTIVE DATE: March 8, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Peter Bouchard, Chairperson, Combat Sports Authority of Maine, P.O. Box 10525, Portland, ME 04104. Telephone: (207) 956-0404. E-mail: commission@csamaine.com .
WEBSITE: http://www.csamaine.com/ .