August 18, 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: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.01(G)(1), Season Dates; Open and Closed Areas for Beaver Trapping
PROPOSED RULE NUMBER: 2010-P201
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt amendments to the season dates and open and closed areas for beaver trapping, as follows:
1) Beaver Trapping
Wildlife Management Districts 1, 2, 4: October 17 - April 30
Wildlife Management Districts 3, 5, 6, 8, 9, 10, 11: November 1 – April 30
Wildlife Management Districts 18, 19, 28: November 1 – April 15
Wildlife Management Districts 7, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 29: December 1 – March 31
1.a.) After the close of the Regular Trapping Season, muskrats may still be trapped in those Wildlife Management Districts open to beaver trapping. After March 31, in those areas open to beaver trapping, muskrat trapping is restricted to the use of killer type traps or colony traps. Traps must be set to remain under water at all times. In addition, in any township of the State that is open to beaver trapping, any otter or mink taken in a beaver or muskrat set, so called, may be lawfully possessed by any licensed trapper.
Traps set for beaver in October, November and April are restricted to killer-type traps and drowning sets.
1.b.) During the open season for beaver trapping in any of the twenty-nine wildlife management districts (WMDs), certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
A copy of the proposed open and closed areas by WMD for beaver trapping season may be obtained from the Agency Contact Person and Regional Wildlife or Warden Service offices.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: September 17, 2010
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, Augusta, ME 04333-0041. E-mail: Andrea.Erskine@Maine.gov
WEBSITE: http://www.maine.gov/ifw/

ADOPTIONS


AGENCY: 02-030 - Department of Professional & Financial Regulation (P&FR), Bureau of Consumer Credit Protection
CHAPTER NUMBER AND TITLE: Ch. 285, Adjustment of Non-bank Mortgage Lender Fees to Fund Investigative and Legal Compliance Personnel (Emergency major substantive)
ADOPTED RULE NUMBER: 2010-344
CONCISE SUMMARY: Pursuant to 9-A MRSA §8-206-F sub-§2, the Superintendent of the Bureau of Consumer Credit Protection is authorized by rule to adjust fees to fund the enforcement of laws prohibiting predatory mortgage lending practices. These fees support the costs of the chief field investigator and the staff attorney positions established pursuant to 9-A MRSA §8-206-F(1)(A,B), and are to be assessed to creditors (other than supervised financial organizations) making residential mortgage loans. This rule adjusts the volume fee charged to non-bank mortgage lenders to $35 for each $100,000, or part thereof, of the original unpaid balances arising from consumer credit transactions entered into in this State within the preceding calendar year.
EFFECTIVE DATE: August 13, 2010
AGENCY CONTACT PERSON: Julie Stolt, Bureau of Consumer Credit Protection, State House Station #35, Augusta, Maine 04333. Telephone: (207) 624-8527. E-mail: Julie.Stolt@Maine.gov
WEBSITE: http://www.maine.gov/pfr/consumercredit/index.shtml
BUREAU RULE-MAKING LIAISON: Doris.A.Whitaker@Maine.gov


AGENCY: 07-102 - Office of the Governor
CHAPTER NUMBER AND TITLE: Ch. 101, Emergency Rule: Establishment of the Capital Investment Fund (amendments to the existing rule)
ADOPTED RULE NUMBER: 2010-345
CONCISE SUMMARY: This emergency rule amends the current Capital Investment Fund (CIF) rule. The CIF is a limit on what hospitals and other health care providers may spend on capital investment. Its purpose is to assist in lowering health care costs by assuring that Maine has the health care system it needs and can afford but not more. The proposed amendment changes: (1) the effective CIF period from one year to three years, and (2) the formula used to compute the CIF. This is a major substantive rule.
EFFECTIVE DATE: August 11, 2010
AGENCY CONTACT PERSON: Trish Riley, Governor’s Office of Health Policy & Finance, 15 State House Station, Augusta, Maine 04333-0015. Telephone: (207) 624-7442. E-mail: Trish.Riley@Maine.gov
WEBSITE: http://www.maine.gov/governor/baldacci/cabinet/health_policy.html