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August 25, 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: 94-457 - Finance Authority of Maine
PROPOSED RULE NUMBER: 2010-P202
CHAPTER NUMBER AND TITLE: Ch. 322, Maine Food Processing Grant Program
CONTACT PERSON FOR THIS FILING: William S. Norbert, Esq., FAME, 5 Community Dr., PO Box 949, Augusta, ME 04332-0949. Telephone: (800) 228-3734 x3540. E-mail: wnorbert@famemaine.com .
BRIEF SUMMARY: The rule establishes procedures and standards applicable to applicants and recipients participating in the Authority's statewide program awarding grants for food processing for fishing, agricultural, and dairy enterprises within Maine.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §8052; 10 MRSA §969-A(14); and P.L. 2009, chap. 645.
CONTACT PERSON FOR THE FOLLOWING FILINGS: Katryn Gabrielson, Deputy General Counsel, PO Box 949, Augusta, ME 04332-0949. Telephone: (800) 228-3734 ext. 3515. Fax: (207) 623-0095. E-mail: kgabrielson@famemaine.com .
PROPOSED RULE NUMBER: 2010-P203
CHAPTER NUMBER AND TITLE: Ch. 607, Access to Medical Education and Health Professions Loan Programs, Amendment 9
BRIEF SUMMARY: The rule amendment limits extension of the benefits of the Access to Medical Education Program to new students after the award of positions to students of osteopathic and allopathic medicine pursuant to contracts with the Authority in effect prior to January 1, 2010 and to students of veterinary medicine pursuant to contracts in effect prior to January 1, 2011. The rule amendment limits the applicability of the provisions related to existing Health Professions Loan Program forgivable loans to loans first made prior to January 1, 2011. The rule also amends Section III.E.3(j) regarding information which may be required to be reported to the Department of Health and Human Services, to conform to P.L. 2009, Ch. 488.
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §12107; P.L. 2009, Ch. 488
PROPOSED RULE NUMBER: 2010-P204
CHAPTER NUMBER AND TITLE: Ch. 617, Health Professions Loan Program
BRIEF SUMMARY: The rule implements the Health Professions Loan Program for students of allopathic and osteopathic and veterinary medicine and dentistry applying for a first Program loan beginning in 2011 in accordance with P.L. 2009, Ch. 488, which transitions the Program from forgivable loans to loans which must be repaid at varying interest rates depending upon the type and level and location of services provided upon completion of professional education. The maximum loan amount annually is $25,000, except as to students benefitting from the Doctors for Maine’s Future Scholarship Program who may be eligible for up to $10,000 annually. The rule identifies eligible applicants, standards for prioritizing applicants, and the various repayment interest rates. Loans to optometry students are no longer available.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2009, Ch. 488; 20-A MRSA §12107
PROPOSED RULE NUMBER: 2010-P205
CHAPTER NUMBER AND TITLE: Ch. 618, Maine Veterinary Medicine Loan Program
BRIEF SUMMARY: The rule implements the Maine Veterinary Medicine Loan Program as enacted by P.L. 2009, Ch. 488. The rule sets forth the standards for eligibility, prioritization of applicants, loan repayment and loan forgiveness requirements. The rule provides for loans to veterinary students commencing professional education after December 31, 2010 which may be forgiven upon completion of professional education if the borrower provides a certain level of services to livestock in areas of Maine with insufficient veterinary services related to livestock. Up to two loans annually of up to $25,000 may be available, renewable for up to four years.
STATUTORY AUTHORITY FOR THIS RULE: P.L. 2009, Ch. 488; 20-A MRSA §12124
PUBLIC HEARING: September 16, 2010 @ 10:00 a.m., York County Community College, 112 College Drive, Community Board Room – 2nd Floor, Wells, Maine
COMMENT DEADLINE: September 27, 2010
IMPACT ON MUNICIPALITIES OR COUNTIES: None expected.
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: www.famemaine.com
E-MAIL FOR OVERALL AGENCY RULE-MAKING LIAISON: croney@famemaine.com

AGENCY: 10-144 - Department of Health and Human Services (DHHS)
CHAPTER NUMBER AND TITLE: Ch. 351, Maine Child Support Enforcement Manual
PROPOSED RULE NUMBER: 2010-P207
CONTACT PERSON FOR THIS FILING: Kevin Wells, DSER Staff Counsel, 268 Whitten Road, State House Station 11, Augusta ME 04333. Telephone: (207) 287-5095. Fax: (207) 287-6883. E-mail: Kevin.Wells@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None.
COMMENT DEADLINE: September 24, 2010
BRIEF SUMMARY: Amends rule regarding obtaining past-due child support from federal income tax in accordance with amendment to federal law. Amends rules regarding license revocation for failure to comply with a support order in accordance with amendments in state law. Establishes rule for safeguarding confidential information, obtained by the Department in connection with child support enforcement, in accordance with federal law.
DETAILED SUMMARY: Amends rule regarding federal income tax refund offset for past-due child support, in accordance with amendment to federal law, by deleting requirement that debt be owed on behalf of minor and deleting requirement that debt have been delinquent for three months.
Amends rules regarding license revocation for failure to comply with a child support, in accordance with amendment to state law, by deleting requirement that action be stayed if obligor files a motion to modify support or requests that Department amend a support obligation established by administrative decision. Also amends rule to make definition of “Compliance with a support order” consistent with state law by deleting provision that obligor be found in compliance with support order if the obligor has made one full payment in the past 60 days. Also amends rule by deleting redundant service of process requirement that is already specified in state law.
Establishes rule that Department is generally prohibited from disclosing any confidential information, obtained in connection with child support enforcement, outside of the administration of the child support enforcement program. “Confidential information” is defined as “any information relating to a specified individual or an individual who can be identified by reference to one or more factors specific to the individual . . . .”
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 19-A MRSA §2201(9), 19-A MRSA §2202(9), 22 MRSA §42(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 42 USC §§ 654(26), 664 and 666(a)(16)
WEBSITE: http://www.maine.gov/dhhs/OIAS/dser/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 25, Dental Services
ADOPTED RULE NUMBER: 2010-353
CONCISE SUMMARY: In Ch. II of Section 25, Dental Services, the final rule change requires, for Temporomandibular Joint Treatment (TMJ), that providers access prior authorization criteria that are industry recognized criteria utilized by a national company under contract, in addition to prior authorization criteria set forth in the rule itself. Providers can access these prior authorization criteria by accessing the OMS website at: http://www.maine.gov/dhhs/oms/provider_index.html, which will have a link to the PA portal. In cases where the criteria are not met, the Provider/Member may submit additional supporting evidence such as medical documentation, to demonstrate that the requested service is medically necessary.
In Ch. III of Section 25, the Department is clarifying that PA is not required for code D4341, if a member has a diagnosis code 101- acute necrotizing ulcerative gingivitis (ANUG). To the extent that payment for code D4341 has been denied and the member has a diagnosis of 101-acute necrotizing ulcerative gingivitis (ANUG), the Department may approve reimbursement retroactively.
The Department also made other structural, administrative, grammatical and clarifying changes within this rulemaking. This rule change is not anticipated to have any adverse impact on small business or create any new compliance burdens for municipalities and counties.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: August 10, 2010
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9368. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Patricia.Dushuttle@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 35, Hearing Aids and Services
ADOPTED RULE NUMBER: 2010-354
CONCISE SUMMARY: The adopted rule requires, for some services, providers to access prior authorization criteria that are industry recognized criteria utilized by a national company under contract. Providers can access criteria by utilizing the following portal: http://www.maine.gov/dhhs/oms/provider_index.html.
In cases where the criteria are not met, the Provider/Member may submit additional supporting evidence such as medical documentation, to demonstrate that the requested service is medically necessary.
Also in this rulemaking, the Department is requiring documented evidence that a hearing test has occurred within the preceding 6 months. Finally, in Section 35.07 B, the Department is now requiring a trial period of 30 days, after which the Audiologist or Hearing Aid Dealer and Fitter must provide written confirmation that the device meets the member’s need and should be purchased. This rule change is not anticipated to have any adverse impact on small business or create any new compliance burdens for municipalities and counties.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: August 10, 2010
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9368. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Patricia.Dushuttle@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 60, Medical Supplies and Durable Medical Equipment
ADOPTED RULE NUMBER: 2010-355
CONCISE SUMMARY: The Office of MaineCare Services is adopting changes to MaineCare Benefits Manual, Ch. II Section 60, Medical Supplies and Durable Medical Equipment. The Department will require, for some services, providers to access prior authorization criteria that are industry recognized criteria utilized by a national company under contract. Providers can access criteria by utilizing the following portal: http://www.maine.gov/dhhs/oms/provider_index.html. In cases where the criteria are not met, the Provider/Member may submit additional supporting evidence such as medical documentation, to demonstrate that the requested service is medically necessary.
Also, in this rulemaking, the Department proposes the addition of
coverage for Microprocessor Controlled Knee Prostheses when certain criteria are met. Providers can access the criteria at the above web portal. The Department also made other structural, administrative, grammatical and clarifying changes within this rulemaking. This rule change is not anticipated to have any adverse impact on small business or create any new compliance burdens for municipalities and counties.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: August 10, 2010
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9368. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Patricia.Dushuttle@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 90, Physician’s Services
ADOPTED RULE NUMBER: 2010-356
CONCISE SUMMARY: The final rule change incorporates new prior authorization language in Ch. II of this policy. The new language will allow the Department to use evidence based medical criteria based on nationally accepted criteria when determining medical necessity for certain services. Adopting these criteria will ensure that medical services are delivered to members in an appropriate way consistent with national standards of care. Services requiring prior authorization and their criteria can be found at: http://www.maine.gov/dhhs/oms/provider_index.html. In cases where the criteria are not met, the Provider/Member may submit additional supporting evidence such as medical documentation, to demonstrate that the requested service is medically necessary.
The Department has amended the Transplant criteria, which can be found in Appendix A of this policy. The Department’s new criteria will require members to be free of alcohol and drug use for 6 months prior to transplants. This change was made to be consistent with industry wide standards of care. The Department is modifying Section 90.09-2 MaineCare Reimbursement to allow for MaineCare to reimburse and make adjustments according to Medicare place of service rates and modifiers.
Furthermore, upon implementation of Maine’s Integrated Health Management System (MIHMS), the Department will repeal Ch. III Section 90 of this policy as this Section has become unnecessary. No services are being reduced because of this change.
The Department also made other structural, administrative, grammatical and clarifying changes within this rulemaking. This rule change is not anticipated to have any adverse impact on small business or create any new compliance burdens for municipalities and counties.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: August 10, 2010
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9368. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Patricia.Dushuttle@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 95, Podiatry Services
ADOPTED RULE NUMBER: 2010-357
CONCISE SUMMARY: In Ch. II of this rulemaking, the Department will require, for some services, providers to access prior authorization criteria that are industry recognized criteria utilized by a national company under contract. Providers can access these criteria by accessing the OMS website at:
http://www.maine.gov/dhhs/oms/providerindex.html , which will contain a link to the PA portal. In cases where the criteria are not met, the ProviderlMember may submit additional supporting evidence such as medical documentation, to demonstrate that the requested service is medically necessary. This rule change is not anticipated to have any adverse impact on small business or create any new compliance burdens for municipalities and counties.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: August 10, 2010
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9368. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Patricia.Dushuttle@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 101, Medical Imaging
ADOPTED RULE NUMBER: 2010-358
CONCISE SUMMARY: The Office of MaineCare Services is adopting changes to MaineCare Benefits Manual, Ch. II Section 101, Medical Imaging Services. Contingent upon Maine Integrated Health Management System (MIHMS) implementation, the adopted rule modifies reimbursement methodology to pay at seventy percent (70%) of the lowest level in the 2009 Medicare fee schedule for Maine area "99" for all services under this policy and will include adjustments for place of service and modifiers. The Department is modifying the reimbursement methodology for Medical Imaging Services in order to be consistent with industry standard billing processes. This change in methodology will not result in a reduction in payment for medical imaging services.
The Department also made other structural, administrative, grammatical and clarifying changes within this rulemaking. This rule change is not anticipated to have any adverse impact on small business or create any new compliance burdens for municipalities and counties.
EFFECTIVE DATE: September 1, 2010
AGENCY CONTACT PERSON: Patricia Dushuttle, Division of Policy and Performance, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9368. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Patricia.Dushuttle@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC, Health Inspection Program
CHAPTER NUMBER AND TITLE: Ch. 202, Rules Relating to Public Pools & Spas
ADOPTED RULE NUMBER: 2010-359
CONCISE SUMMARY: These rules represent a significant restructuring of, and more specific performance standards, relating to pool and spa design and operation. Changes include: clarified
definitions that include critical violations and pool class types; more detailed requirements for pool supervision; specific chemical operational parameters to assure pool sanitation; additional regulatory requirements regarding ancillary equipment and facilities including equipment and filtration systems; specific safety feature requirements including the new anti-entrapment prevention and drain cover standards to conform to recent statutory requirements; new color coding and labeling requirements for exposed piping and increased hygienic standards updating guidance on cleaning pool pollution from fecal, vomit and bleeding accidents.
These rules do financially impact small businesses, counties and municipalities. A fiscal impact statement is on file with the Department and available by contacting Lisa Brown by telephone at (207) 287-5691 or by e-mail at Lisa.Brown@Maine.gov .
EFFECTIVE DATE: September 1, 2010
AGENCY CONTACT PERSON: Tera R. Pare, J.D., Rulemaking Coordinator, Division of Environmental Health, 11 State House Station, 286 Water Street, Key Bank Plaza, 3rd Floor, Augusta, ME 04333-0011. Telephone: (207) 287-5680. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/dlrs/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Licensing and Regulatory Services
CHAPTER NUMBER AND TITLE: Ch. 500, Rules Governing the Maine Certification of Healthcare Cooperative Agreements
ADOPTED RULE NUMBER: 2010-360
CONCISE SUMMARY: These rules repeal and replace the “Hospital Cooperation Act Program Manual” and are promulgated pursuant to the Hospital and Health Care Provider Cooperation Act, 22 MRSA Ch. 405-A to implement the Maine Legislature’s finding that it is necessary to encourage hospitals and other health care providers to cooperate and enter into agreements that facilitate cost containment, improve quality of care and increase citizen access to health care services. These rules
* Establish a voluntary procedure for state review and continuing supervision of cooperative agreements through the issuance of a certificate of public advantage (COPA);
* Implement the intent of the Maine Legislature that a certificate provide parties to a cooperative agreement with state action immunity under applicable federal antitrust laws;
* Include an application process for a certificate of public advantage, continuing supervision after the certificate is issued to ensure ongoing compliance with COPA requirements, and enforcement procedures.
The amended rules are available online at: http://www.maine.gov/dhhs/dlrs/rulemaking/adopted.shtml
To request a paper copy of the rules, please call (207) 287-9300 or 1 (800) 791-4080. Impact on small business: the Department has determined that these rules have no adverse administrative impact on small businesses. Impact on municipalities or counties: none.
EFFECTIVE DATE: September 1, 2010
AGENCY CONTACT PERSON: Phyllis Powell, Assistant Director, Division of Licensing and Regulatory Services, 41 Anthony Ave, 11 State House Station, Augusta, Maine 04333. Telephone: (207) 287-9300, 1 (800) 791-4080. TTY: 1 (800) 606-0215. Fax: (207) 287-5807. E-mail: Phyllis.Powell@Maing.gov
WEBSITE: http://www.maine.gov/dhhs/eng/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 102, Electronic Funds Transfer
ADOPTED RULE NUMBER: 2010-361
CONCISE SUMMARY: Rule 102 provides comprehensive definitions and explanations of statutory terms and procedures for making electronic payments. Particularly, the amendments reduce the electronic payment threshold from $25,000 to $18,000 effective January 1, 2011 and add a schedule of further reductions implemented through 2015. In addition, the proposed Rule makes other minor editing changes.
EFFECTIVE DATE: August 23, 2010:
AGENCY CONTACT PERSON: Edward Charbonneau, Esq., Deputy Executive Director – Legal, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9626. E-mail: Edward.Charbonneau@maine.gov .
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 8.20(P), Landings Program, Harvester Reporting, Urchin Harvest (Zone 1)
ADOPTED RULE NUMBER: 2010-362
CONCISE SUMMARY: The adopted regulations institute mandatory trip and area level harvest reporting by Zone 1 urchin harvesters. The Sea Urchin Zone Council (SUZC) voted to recommend mandatory harvester reporting by Zone 1 harvesters at their March 18, 2010 meeting. Their intention is that these fishery-dependent data will improve our understanding of the urchin resource by augmenting the data obtained through port sampling, dealer reporting and dive survey programs.
CHAPTER NUMBER AND TITLE: Ch. 26.07(1), Sea Urchin Harvesting Season 2010 – 2011 – Zone 1
ADOPTED RULE NUMBER: 2010-363
CONCISE SUMMARY: For purposes of conservation, pursuant to 12 M.R.S. §6171, §6171-A and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2010-2011. The 10 day season for divers, trappers, rakers and draggers in 2010-2011, which was the same length of season in 2009-2010 has been adopted. Divers, rakers and trappers have a choice of fishing 10 days in September or 10 days in December; and draggers in December or late December/January.
CHAPTER NUMBER AND TITLE: Ch. 26.07(2), Sea Urchin Harvesting Season 2010 – 2011 – Zone 2
ADOPTED RULE NUMBER: 2010-364
CONCISE SUMMARY: For purposes of conservation pursuant to 12 M.R.S. §6171, §6171-A, and §6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2010-2011. The 45 day season for divers, trappers, rakers and draggers in 2010-2011, which was the same length of season in 2009-2010 has been adopted. Divers, rakers, trappers, and draggers will have a choice of an early or late season.
CHAPTER NUMBER AND TITLE: Ch. 10.05, Taking of quahogs in the sub-tidal waters of New Meadows Lake, Brunswick and West Bath
ADOPTED RULE NUMBER: 2010-365
CONCISE SUMMARY: These adopted regulations for the New Meadows Lake, Brunswick and West Bath prohibit harvest by towing any dredge, drag or other implement by watercraft, suction pumping device, or diving methods; harvest by any method will be limited to daylight hours, i.e., nights will be closed; and harvest through ice is also prohibited.
CHAPTER NUMBER AND TITLE: Ch. 25.93(E)(4), Lower Limit of Tags Lower Limit of Licenses
ADOPTED RULE NUMBER: 2010-366
CONCISE SUMMARY: Effective September 20, 2007, the law pertaining to limited-entry zones changed the rules on the exit ratio from based upon the number of licenses retired to the number of trap tags retired by license holders in the previous year. Therefore the regulations pertaining to the “lower limit of licenses” is adopted to be updated to be based upon the “lower limit of tags” for compliance and consistency with the statutory change.
CHAPTER NUMBER AND TITLE: Ch. 25.95(1)(F)(6), Violations
ADOPTED RULE NUMBER: 2010-367
CONCISE SUMMARY: This adopted regulation removes an outdated reference to these regulations being a class D crime. In 2003 12 M.R.S. §6174(3) changed from rules being a class D crime to a civil violation.
CHAPTER NUMBER AND TITLE: Ch. 36.01(D)(2), Herring, Catch quota and effort restrictions
ADOPTED RULE NUMBER: 2010-368
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules to close loopholes that allow harvest vessels to circumvent the intent of the Atlantic States Marine Fisheries Commission (ASMFC) days out conservation measures and deliberately circumvent the obligatory federal, ASMFC and state reporting requirements.
EFFECTIVE DATE: August 23, 2010
AGENCY CONTACT PERSON: Laurice Churchill
AGENCY NAME & ADDRESS: 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
WEBSITE: http://www.maine.gov/dmr/index.htm

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC
CHAPTER NUMBER AND TITLE: Ch. 268, Certification Standards for Persons Drawing Specimens of Blood for the Purpose of Determining the Blood Alcohol Level
ADOPTED RULE NUMBER: 2010-369
EFFECTIVE DATE: September 1, 2010
AGENCY CONTACT PERSON: Christopher P. Montagna, Maine Health and Environmental Testing Laboratory, 221 State Street, State House Station #13, Augusta, Maine 04333-0012. Telephone: (207) 28-1708. E-mail: Chris.Montagna@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/mecdc/public-health-systems/health-and-environmental-testing/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine CDC
CHAPTER NUMBER AND TITLE: Ch. 269, Rules Governing Self-contained Breath Alcohol Testing Equipment
ADOPTED RULE NUMBER: 2010-370
The revision corrects the existing DHHS rule that conflicts with revised Maine Statute 17-A MRSA §1057 and which went into effect this past legislative session. The new law provides two standards for operating under the influence: alcohol level of .08 per grams or more of alcohol per 100 milliliters of blood or alcohol level of .08 per 210 liters of breath.
The rule change replaces the existing term “blood alcohol” with “breath alcohol”. It also reflects the quality control necessary for breath-alcohol concentration per g/210 liters of breath.
Finally, the changes reflect the accuracy and sensitivity of the equipment should be such as to obtain results within + 0.01g/210L or 5%, whichever is greater of the known value in the analysis of appropriate reference materials of known ethyl alcohol concentrations. This change brings the State more in line with the type of phrasing used in the current Federal and manufacturer’s guidelines.
EFFECTIVE DATE: September 1, 2010
AGENCY CONTACT PERSON: Christopher P. Montagna, Maine Health and Environmental Testing Laboratory, 221 State Street, State House Station #13, Augusta, Maine 04333-0012. Telephone: (207) 28-1708. E-mail: Chris.Montagna@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/mecdc/public-health-systems/health-and-environmental-testing/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

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August 25, 2010

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WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules