June 23, 2010

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: 04-061 – Department of Conservation, Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Proposed Amendments to
Ch. 5, Rules for the Conduct of Public Hearings, and
Ch. 10, Land Use Districts and Standards
PROPOSED RULE NUMBER: 2010-P142 and P143
CONTACT PERSON FOR THIS FILING: Timothy Beaucage, (207) 287-4894, Timothy.Beaucage@Maine.gov : Land Use Regulation Commission, Maine Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-2631. TTY: (888) 577-6690. E-mail: LURC@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: No public hearing will be held.
COMMENT DEADLINE: Friday, July 23, 2010
BRIEF SUMMARY: The Land Use Regulation Commission is seeking public comment on proposed miscellaneous rule changes to Ch. 5 and Ch. 10. The changes to Ch. 5 are corrections of typographical errors. The changes to Ch. 10 cover a variety of revisions affecting the Preface; 10.02 Definitions; 10.09 Criteria for Amendment of Land Use Standards; 10.11 Nonconforming Uses and Structures; 10.13 Effective Date; 10.21 Development Subdistrict, 10.22 Management Subdistrict and 10.23 Protection Subdistrict land use listings; 10.24 General Criteria for Approval of Permit Applications; 10.25 Development Standards, 10.26 Dimensional Requirements, 10.27 Activity-specific Standards; and Appendices C, E, and F.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §684 and §685-A, 7-A and 8-B, and 685-C, 5
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
CONSERVATION RULE-MAKING LIAISON: Eliza.Townsend@Maine.gov


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 30, Allowances for Family Planning Agency Services
PROPOSED RULE NUMBER: 2010-P144
CONCISE SUMMARY: Effective January 1, 2010, CMS no longer recognizes American Medical Association (AMA) Current Procedural Terminology (CPT) consultation codes 99241-99245 for inpatient facility and office/outpatient settings previously used in the Section. To align with Medicare standards, the proposed changes will remove these consultation codes and introduce preventative medicine counseling (separate procedure) billing codes appropriate to the services which are being performed.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: July 12, 2010, 9:00 a.m., Conference Room 3, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME 04330. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before July 2, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight July 22, 2010.
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
URL: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

ADOPTIONS


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 13, Title: Qualifying Examinations for Teachers, Education Specialists and Administrators
ADOPTED RULE NUMBER: 2010-230
CONCISE SUMMARY: The proposed rule changes to Chapter 13 stem from the regular revision (regeneration) process employed by the Educational Testing Service (ETS). Each Praxis exam undergoes regeneration every five years. ETS conducts a multi-state standard setting study designed to assemble two separate groups of current practitioners who work for three days to review the validity and reliability of the test being regeneration. The end result is a recommended cut off score that is deemed appropriate for the just qualified candidate (JQC). Several of the tests required by the Maine Department of Education were recently regenerated, so our current Ch. 13 must be updated to reflect these changes.  The proposed changes include new test codes, recommended cut off scores, and language to allow old tests no longer being administered to be used for up to five years after which time only the new tests will be accepted.  Another change includes deleting test information for Bilingual Education, which is no longer available as an endorsement in Maine.
DETAILED BASIS STATEMENT / SUMMARY: The proposed rule changes to Ch. 13 stem from the regular revision (regeneration) process employed by the Educational Testing Service (ETS). Each Praxis exam undergoes regeneration every five years.
ETS conducts a multi-state standard setting study designed to assemble two separate groups of current practitioners who work for three days to review the validity and reliability of the test being regeneration.
The end result is a recommended cut off score that is deemed appropriate for the just qualified candidate (JQc). Several of the tests required by the Maine Department of Education were recently regenerated, so our current Chapter 13 must be updated to reflect these changes. The proposed changes include new test codes, recommended cut off scores, and language to allow old tests no longer being administered to be used for up to five years after which time only the new tests will be accepted. Another change includes deleting test information for Bilingual Education, which is no longer available as an endorsement in Maine.
EFFECTIVE DATE: June 15, 2010
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, State House Station 23, Augusta, ME 04333. Telephone: (207) 624-6620. E-mail: Jaci.Holmes@Maine.gov .
URL: http://www.maine.gov/education/index.shtml
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 881, Fees; Chemical Use in Children’s Products
ADOPTED RULE NUMBER: 2010-231 (Final adoption, major substantive)
CONCISE SUMMARY: Ch. 881 establishes the process by which the Department will assess fees to cover the cost of managing information gathered pursuant to 06-096 CMR Ch. 880.
Copies of this rule are available upon request by contacting the Agency contact person listed below or on the DEP website http://www.maine.gov/dep/safechem/index.html
EFFECTIVE DATE: July 15, 2010
AGENCY CONTACT PERSON: Andrea Lani, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-5902. E-mail: Andrea.Lani@Maine.gov .
URL: http://www.maine.gov/dep/
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.05, Moose Hunting
ADOPTED RULE NUMBER: 2010-232
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule adding Wildlife Management Districts 22 and 25, beginning in 2011, to the open season beginning the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving; the Saturday preceding the first day of this season is open for the hunting of moose by residents of this State only. Currently, this season includes WMDs 15, 16, 23 and 26. The number of permits to be issued for this season will be determined and included in the rule allocating permits for the 2011 hunt. Persons hunting moose during this season must comply with the same hunter orange requirements as deer hunters. The legal hunting hours will be from 1/2 hour before sunrise to 1/2 hour after sunset.
EFFECTIVE DATE: January 1, 2011
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
URL: http://www.maine.gov/ifw/


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 6, Lobster Processing Procedures For Lobster Tail Permit Holders
ADOPTED RULE NUMBER: 2010-233
CONCISE SUMMARY: The adopted rulemaking creates a two tiered approach for a Lobster Processor license that allows both processing of tails and lobster parts with a fee of $500 (new); and a Lobster Processor Tails only license for processing only lobster tails with a fee of $159 (new fee and similar to the former lobster tail permit). The rules also update the lobster meat permit rules (similar to the repealed lobster meat permit in statute with no change to license fee) for consistency and enforcement. Labeling and records are required for each license holder for traceability and enforcement purposes.
EFFECTIVE DATE: July 1, 2010
CHAPTER NUMBER AND TITLE: Ch. 55.90, Menhaden Pilot Program
ADOPTED RULE NUMBER: 2010-234
CONCISE SUMMARY: The Menhaden Pilot Program has been extended for two years from the sunset date of June 1, 2010 to June 1, 2012. No other amendments were adopted.
EFFECTIVE DATE: June 21, 2010
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008. Telephone: (207) 633-9584. TTY: (207) 633-9500. E-mail: Laurice.Churchill@Maine.gov
URL: http://www.maine.gov/dmr/index.htm