November 17, 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: 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 96, Private Duty Nursing and Personal Care Services
PROPOSED RULE NUMBER: 2010-P301
CONCISE SUMMARY: The proposed rule permanently adopts corrected rates for Private Duty Nursing And Personal Care Service Providers that were put into effect via emergency rule effective 10/25/10. The Department is also making technical changes to reflect language that ensures compliance with the State's new fiscal agent, MIHMS.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §§ 42, 3173
PUBLIC HEARING: December 6, 2010, 10:00 a.m., Conference Room #3, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before December 3, 2010.
DEADLINE FOR COMMENTS: Comments must be received by midnight December 16, 2010
AGENCY CONTACT PERSON: Amy MacMillan, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9342. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Amy.MacMillan@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 11.25, Commercial Scallop License Limited Entry System
PROPOSED RULE NUMBER: 2010-P302
CONCISE SUMMARY: This proposed rulemaking is designed to fulfill the legislative mandate of 12 M.R.S. 6706(3) by establishing lottery procedures for the commercial scallop license limited entry system. The system would allow for Maine residents who held any license issued under 12 M.S.R. chapters 619, 621 or 623 in the previous calendar year to become eligible for a commercial scallop license through a lottery.
STATUTORY AUTHORITY: 12 M.R.S. §6171 and 6706
RULE TITLE OR SUBJECT: Ch. 34.10(1)(B)(4)(b), Atlantic Halibut – updates
PROPOSED RULE NUMBER: 2010-P303
CONCISE SUMMARY: Amendments to the halibut regulations are proposed for clarification and efficiency reasons. Proposed changes include the following: the section has been reorganized and subsection titles have been renamed to better reflect their content; out of date season information has been removed; “Maine state commercial” tags and “Federal commercial” tags have been consolidated into “commercial” tags; language is clarified to state that only those individuals who possess a Commercial Operators License can receive more than 5 recreational tags, and; the halibut endorsement training class has been replaced with a requirement that fishermen contact the Department to obtain training materials. For more detailed information see the web site or contact staff listed in this notice.
STATUTORY AUTHORITY: 12 M.R.S. §6171
AGENCY CONTACT PERSON: Togue Brawn at (207) 624-6558, e-mail Togue.Brawn@Maine.gov .
PUBLIC HEARINGS:
Dec. 6, 2010, 6 p.m., Yarmouth Town Hall, Community Room, 200 Main St., Yarmouth
Dec. 7, 2010, 6 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth
Dec. 8, 2010, 6 p.m., UMM Science Building, 2nd Floor Rm 207, 9 O’Brien Ave, Machias
Public hearings for proposed rulemakings in Ch. 11, Scallop, and 34 for Atlantic Halibut will be held each night in chronological order with the hearing for halibut rules to begin immediately upon the conclusion of the scallop rulemaking hearing. See separate rulemaking notices. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578, e-mail Amanda.Beckwith@Maine.gov .
RULE TITLE OR SUBJECT: Ch. 45.05(1)(A)(2), Shrimp Season, 2010– 2011
PROPOSED RULE NUMBER: 2010-P304
CONCISE SUMMARY: The proposed regulations would adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2010– 2011 shrimp season. The season would take place from December 1, 2010 through April 15, 2011. The season for the harvest of shrimp by trawl and by trap would be the same dates.
STATUTORY AUTHORITY: 12 M.R.S. §6171
AGENCY CONTACT PERSON: Laurice Churchill: (207) 633-9584 E-mail: Laurice.Churchill@Maine.gov
PUBLIC HEARING: None scheduled, one may be requested
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: December 18, 2010. To ensure consideration, comments must include your name and the organization you represent, if any. Be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO: DMR, attn L. Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008. Website: www.maine.gov/dmr/rulemaking . E-mail: Laurice.Churchill@Maine.gov . Fax: (207) 633-9579. TTY: (207) 633-9500 (Deaf/Hard of Hearing).


AGENCY: 94-411 - Maine Public Employees Retirement System
CHAPTER NUMBER AND TITLE: Ch. 203, Local Districts That Resume Participation after Withdrawal
PROPOSED RULE NUMBER: 2010-P305
BRIEF SUMMARY: The Maine Public Employees Retirement System has undertaken a project to improve its existing set of rules by bringing it current and consistent in format and style. As part of the project, this rule is being repealed. Part of this rule has been included in another System rule and other parts are obsolete and do not reflect current laws.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §§ 17103(4), 18303-A; and 18254-A
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Plan
PROPOSED RULE NUMBER: 2010-P306
BRIEF SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments to the rule incorporate recent statutory changes to: 1) bring the plan into compliance with the Internal Revenue Code in order to maintain qualified plan status; 2) permit members to pay contributions in order to include unpaid days off as earnable compensation; 3) change how the cost-of-living adjustment is determined when the Consumer Price Index is negative; and 4) expand accidental death benefits to the beneficiary of certain professional firefighters. Amendments are also proposed to the disability benefits that apply to participants in the 401(a) Plan. Finally, relevant portions of chapter 203, proposed for repeal, and that governs the resumption of participating local district participation after a withdrawal has occurred, are proposed to be included in this rule.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §§ 17103(4) and 18801 et seq.
CHAPTER NUMBER AND TITLE: Ch. 804, Rebuttable Presumption for Death Benefits
PROPOSED RULE NUMBER: 2010-P307
BRIEF SUMMARY: PL 2009, c. 513 requires the Board of Trustees to adopt a rule to implement the new law. The proposed rule establishes the standards to be used in the determination of whether the death of a professional firefighter is job-related for the purpose of determining benefit eligibility under the accidental death benefit provision.
PUBLIC HEARING: December 9, 2010; 1:00 p.m., Maine Public Employees Retirement System, Second Floor Conference Room, 96 Sewall Street, Augusta, Maine 04333
COMMENT DEADLINE: December 20, 2010
CONTACT PERSON FOR THESE FILINGS: Kathy J. Morin, Manager, Actuarial & Legislative Affairs, Maine Public Employees Retirement System, 46 State House Station, Augusta, Maine 04333. E-mail: 1 (800) 451-9800 or (207) 512-3190. E-mail: Kathy.Morin@Mainepers.org . Website: www.mainepers.org .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRSA §§ 17103(4)-§4 and 18601
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):


AGENCY: 10-144 - Maine Well Drillers Commission (DHHS)
RULE TITLE OR SUBJECT: Ch. 232, Well Drillers and Pump Installers Rules
PROPOSED RULE NUMBER: 2010-P308
CONCISE SUMMARY: Rule changes are in response to legislation requiring drillers and pump installers of geothermal wells be licensed by the Well Drillers Commission. Geothermal well drillers will be licensed and regulated in the same manner water well drillers and pump installers are currently regulated. Initially a six month grandfather provision will apply to current master and journeymen well drillers and master closed loop geothermal heat exchange installers. Since most geothermal drillers are also water well drillers, day to day operations for both drillers and the Commission should not change significantly upon the adoption of these rules. Thereafter drillers and pump installers must satisfy either work experience requirements or qualify for a licensing endorsement in order to qualify for geothermal heat exchange well driller or pump installer licensing examinations. Protection for consumers and groundwater water quality should increase significantly.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §4700-I
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: December 17, 2010
AGENCY CONTACT PERSON: David Braley, Maine Well Drillers Commission, State House Station #11, Augusta, Maine 04333. Telephone: (207) 441-5324. E-mail: David.Braley@Maine.gov
WEBSITE: http://www.maine.gov/dhhs/mecdc/environmental-health/dwp/professionals/wellDrillers.shtml
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov


AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Unified Special Education Regulation Birth to Age Twenty
PROPOSED RULE NUMBER: 2010-P309
CONTACT PERSON FOR THIS FILING: Joanne C. (Jaci) Holmes, Federal State Legislative Liaison, Maine Department of Education, 23 State House Station, Augusta, ME 04333. Telephone: (207) 624-6669. Cell: (207) 215-3003. E-mail: Jaci.Holmes@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: December 6, 2010 from 9:30-11:30 a.m. in room 103A and B of the Cross State Office Building, Augusta
COMMENT DEADLINE: December 16, 2010 at 5 p.m.
BRIEF SUMMARY: Pursuant to the Resolve related to LD 1741 a Stakeholder Group: revised the definitions of Abbreviated day and educational performance; developed a definition for adverse effect/adversely affects; refined the procedure for abbreviated day; refined the procedure for adverse effect on educational performance; and revised the tutorial services to clarify it is a method of instruction delivery rather than a specific service, and to clarify the relationship to abbreviated day. Clarification of supervision of staff in Section XII. Program Approval has been added, private special purpose schools in Maine as a placement for review has been added (inadvertently deleted in prior rulemaking),and the reference to Written Notice and the timing of transition beginning in 9th grade has been refined to concur with other secondary transition provisions.
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 20-A MRSA §7005(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/education/index.shtml
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Fishing Regulations
PROPOSED RULE NUMBER: 2010-P310
CONCISE SUMMARY: In accordance with Title 12 Section 12461, subsection 3, the Department of Inland Fisheries and Wildlife is proposing to amend, by Major Substantive rule, the list of lakes and ponds that contain wild brook trout and which have never been stocked with brook trout, and are considered “state heritage fish waters”. This proposal removes 6 waters from the list which, upon further research, have been found to have been stocked. The waters proposed for removal are: Foss and Knowlton Ponds, T3 R10 WELS, Jones Pond, Bald Mountain Twp., Lost Pond, T3 R10 WELS, Mountainview Pond, TA R11 WELS, Round Pond, Squaretown Twp., and Baker Pond, T5 R6 BKP WKR.
STATUTORY AUTHORITY: 12 MRSA §§ 10104 and 12461
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: December 17, 2010
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041. E-mail: Andrea.Erskine@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/

ADOPTIONS


AGENCY: 99-650 - Mixed Martial Arts Authority of Maine
CHAPTER NUMBER AND TITLE:
Ch. 1, General Rules for Mixed Martial Arts Competitions
Ch. 2, Technical Requirements for Mixed Martial Artist Competitions
Ch. 3, Judging/Refereeing Mixed Martial Arts Contests
Ch. 4, Rules Governing Judges
Ch. 5, Rules Governing Referees
Ch. 6, Rules Governing Promoters
Ch. 7, Requirements for Mixed Martial Arts Competitors
Ch. 8, Rules Governing Manager and Seconds
Ch. 9, Rules Governing Ringside Physicians
Ch. 10, Requirements for Mixed Martial Arts Inspectors
Ch. 11, Rules Governing Timekeepers
Ch. 12, Fees
ADOPTED RULE NUMBER: 2010-564 thru 575
CONCISE SUMMARY: The impetus for the rules was Public Law 2009, ch. 352, which establishes the Mixed Martial Arts Authority of Maine to regulate and promote mixed martial arts competitions, exhibitions and events. This is a rulemaking proceeding of the Mixed Martial Arts Authority of Maine to adopt new rules as required by Title 8 MRSA §523 relating to Mixed Martial Arts competitions/contests, including but not limited to rules designed to protect the health and safety of authorized participants and the integrity of the competition. The proposed rules pertain to: Technical Requirements; Judging/Refereeing; Promoters; Competitors; Manager and Seconds; Ringside Physicians; Inspectors; Timekeepers; and, Fees.
EFFECTIVE DATE: November 14, 2010
AGENCY CONTACT PERSON: William H. Bouffard, Mixed Martial Arts Authority of Maine, P.O. Box 10525, Portland, Maine 04104. Telephone: (207) 712-4395. E-mail: Billybouf@yahoo.com .
WEBSITE: these rules are available in MS Word at this location: http://www.maine.gov/sos/cec/rules/90/chaps90-.htm
MS Word doc. 650c all mixed


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: Emergency
CHAPTER NUMBER AND TITLE: Ch. 4.01, Upland Game and Furbearing Animals: (K), Location and Preparation of Traps
ADOPTED RULE NUMBER: 2010-576 (EMERGENCY)
CONCISE SUMMARY: This emergency rule clarifies existing regulations regarding the setting of killer-type traps in WMD's 1 - 11 in order to avoid the accidental capture of Canada lynx, which is listed as "threatened" under the federal Endangered Species Act. This rule was previously adopted as an emergency rule on December 4, 2008 in order to comply with an order issued by the U.S. District Court for the District of Maine on November 26. Although the Department initiated the process to permanently adopt the emergency rule, technicalities in that process may have prevented the permanent rule from taking effect. Accordingly, to ensure that the rule remains in effect during the current trapping season, the Department is again adopting the rule on an emergency basis and will initiate a concurrent rulemaking process to permanently adopt the rule.
EFFECTIVE DATE: November 8, 2010
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries and Wildlife, #41 State House Station - 284 State Street, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
WEBSITE: http://www.maine.gov/ifw/


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 45.05(1)(A)(2), Shrimp Season, 2010 – 2011, Emergency regulations
ADOPTED RULE NUMBER: 2010-577 (EMERGENCY)
CONCISE SUMMARY: These emergency regulations begin the process of establishing the 2010 – 2011 Northern Shrimp season in compliance with the Atlantic States Marine Fisheries Commission Northern Shrimp Fishery Management Plan set November 3, 2010. The season shall take place from December 1, 2010 through April 15, 2011. The season for the harvest of shrimp by trawl and by trap shall be the same dates. A public hearing will be held in the affected area if requested of the Commissioner in writing by 5 persons. The hearing will be held within 30 days of the Commissioner receiving the written requests.
EFFECTIVE DATE: November 17, 2010
AGENCY CONTACT PERSON: Laurice Churchill, Department of Marine Resources, attn: L. Churchill, PO Box 8, West Boothbay Hbr, ME 04575. Telephone: (207) 633-9584. TTY: (207) 633-9500. E-mail: Laurice.Churchill@Maine.gov
WEBSITE: http://www.maine.gov/dmr/index.htm