December 1, 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.

PROPOSAL


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4.02(B)(5), Crow Hunting
PROPOSED RULE NUMBER: 2010-P324
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to establish the dates for the open season for the hunting of crows in 2011 and 2012 as follows: 2011 - Wildlife Management Districts 1 - 6: February 7 - April 15 and from August 1 - September 24; Wildlife Management Districts 7 - 29: January 22 - March 31 and from August 1 - September 24.
2012 - Wildlife Management Districts 1 - 6: Feb. 6 – Apr. 15 and from Aug. 1 – Sept. 22; Wildlife Management Districts 7 - 29: Jan. 21 – Mar. 31 and from Aug. 1 – Sept. 22. No daily bag or possession limit. The proposed dates are in compliance with Federal law.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104 and §11855
PUBLIC HEARING): None scheduled – one may be requested.
DEADLINE FOR COMMENTS: December 31, 2010
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov .
WEBSITE: http://www.maine.gov/ifw/

ADOPTIONS


AGENCY: 16-219 - Office of the Fire Marshal
CHAPTER NUMBER AND TITLE: Ch. 6, Fire Extinguishing Systems
ADOPTED RULE NUMBER: 2010-596
CONCISE SUMMARY: Ch. 6 establishes minimum standards for the design, installation, operation, and maintenance of extinguishing systems aimed primarily at minimizing fire loss in commercial facilities. As currently written, Ch. 6 incorporates by reference several National Fire Protection (NFPA) standards, including NFPA #17, Standard for Dry Cleaning Chemical Extinguishing Systems, 2002 edition, and NFPA #17A, Standard for Wet Chemical Extinguishing Systems, 2002 edition. This rule proposes to incorporate by reference the 2009 edition for NFPA standards #17 and #17A, to replace the 2002 editions.
CHAPTER NUMBER AND TITLE: Ch. 13, Welding, Cutting and Allied Processes and Acetylene Cylinder Charging Plants
ADOPTED RULE NUMBER: 2010-597
CONCISE SUMMARY: Ch. 13 sets forth safety requirements for individuals involved in welding, cutting and allied processes and for acetylene cylinder charging plants. As currently written, Ch. 13 incorporates by reference several National Fire Protection Association (NFPA) standards including NFPA #51B, Standard for Fire Prevention During Welding, Cutting, and Other Hot Work, 2003 edition. This rule proposes to incorporate by reference the 2009 edition of NFPA standard #51B, to replace the 2003 edition.
CHAPTER NUMBER AND TITLE: Ch. 14, National Fuel Gas Code
ADOPTED RULE NUMBER: 2010-598
CONCISE SUMMARY: Ch. 14 is a safety code that applies to the installation of fuel gas piping systems, appliances, equipment, and related accessories. As currently written, Ch. 14 incorporates by reference National Fire Protection Association (NFPA) Code # 54, National Fuel Gas Code, 2006 edition. This rule proposes to incorporate by reference the 2009 edition of NFPA Code # 54, to replace the 2006 edition.
CHAPTER NUMBER AND TITLE: Ch. 18, Carbon Monoxide Alarms
ADOPTED RULE NUMBER: 2010-599
CONCISE SUMMARY: Ch. 18 provides requirements for carbon monoxide detection and warning equipment intended to warn occupants in both single-family and multi-family dwellings of the presence of carbon monoxide in sufficient time to allow occupants to either escape. This rule proposal will incorporate by reference Ch. 9, Single- and Multiple-Station Alarms and Household Carbon Monoxide Detection Systems of the National Fire Protection Association (NFPA) Standard # 720, Standard for the Installation Carbon Monoxide (CO) Detection and Warning Equipment, 2009 edition.
CHAPTER NUMBER AND TITLE: Ch. 19, Vapor Removal From Cooking Equipment
ADOPTED RULE NUMBER: 2010-600
CONCISE SUMMARY: Ch. 19 as currently, written incorporates National Fire Protection Association (NFPA) Standard #96, Standard for the Ventilation Control and Fire Protection of Commercial Cooking Operations, 2008 edition. This amendment provides that public and private commercial residential and daycare center occupancies are not required to meet the hood and duct system requirements specified in NFPA Standard #96, Standard for the Ventilation Control and Fire Protection of Commercial Cooking Operations, 2008 edition.
CHAPTER NUMBER AND TITLE: Ch. 28, Rules for the Operations, Maintenance, and Inspection of Amusement Park Rides, Devices and Midways
ADOPTED RULE NUMBER: 2010-601
CONCISE SUMMARY: Ch. 28 provides standards for the safe operation of amusement park rides, devices, and midways. This amendment reformats the rule and deletes outdated license application and accident reporting forms from the rule. These forms will no longer be part of the rule, and are made available to the public and regulated community on the Department of Public Safety, Fire Marshal’s website.
EFFECTIVE DATE: November 24, 2010
AGENCY CONTACT PERSON: Richard E. Taylor, Sr. Planning and Research Analyst, Office of the Fire Marshal, 52 State House Station, Augusta, Maine 04333-0052. Telephone: (207) 626-3873. E-mail: Richard.E.Taylor@Maine.gov .
WEBSITE: http://www.maine.gov/dps/fmo/index.htm


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #12-10
ADOPTED RULE NUMBER: 2010-602
CONCISE SUMMARY Minimum December 2010 Class I price is $20.21/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $24.35/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml
EFFECTIVE DATE: November 28, 2010
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml


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 & III Section 31, Federally Qualified Health Center Services
ADOPTED RULE NUMBER: 2010-603
CONCISE SUMMARY: The adopted rules amends billing instructions and Ch. III coding requirements to ensure that FQHC providers could bill for covered services for MaineCare members upon implementation of MIHMS. Also, the rule amended Ch. II Section 31-06-1 to extend licensure to advanced practice and registered nurses who hold a current, unencumbered compact license from another compact state they claim as their legal residence.
The rule allowed providers sufficient time to make necessary software changes and billing changes to meet the Department’s reporting requirements.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: November 29, 2010
AGENCY CONTACT PERSON: Michael Dostie, Health Planner, Division of Policy and Performance, 442 Civic Center Drive,11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-6124. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Michael.Dostie@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 & III Section 103, Rural Health Clinic Services
ADOPTED RULE NUMBER: 2010-604
CONCISE SUMMARY: The adopted rules amends billing instructions and Ch. III coding requirements to ensure that FQHC providers are able to bill for covered services for MaineCare members upon implementation of MIHMS. The rule also requires providers to report all encounter data on the UB 04 form. Also, the rule recognizes licensure of advanced practice and registered nurses who hold a current, unencumbered compact license from another compact state they claim as their legal residence.
See http://www.maine.gov/dhhs/oms/rules/ for rules and related rulemaking documents.
EFFECTIVE DATE: November 29, 2010
AGENCY CONTACT PERSON: Michael Dostie, Health Planner, Division of Policy and Performance, 442 Civic Center Drive,11 State House Station, Augusta, Maine 04333-0011. Telephone: (207)-287-6124. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Michael.Dostie@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .


AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 607, Access to Medical Education and Health Professions Loan Programs, Amendment 9
ADOPTED RULE NUMBER: 2010-605
CONCISE 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 sets forth the criteria applicable to recipients of Health Professions Loan Programs loans first made prior to January 1, 2011.
CHAPTER NUMBER AND TITLE: Ch. 617, Health Professions Loan Program
ADOPTED RULE NUMBER: 2010-606
CONCISE SUMMARY: This rule establishes the criteria to be met by students of allopathic, osteopathic and veterinary medicine or dentistry to obtain loans, for students obtaining first Program loans beginning in 2011. The rule implements P.L. 2009, Ch. 488, which transitions the existing Health Professions Loan Program from forgivable loans to loans which must be repaid at varying interest rates, including 0%, depending upon the type and location of the service provided. Loans will be available in amounts up to $25,000, except that students benefiting from the Doctors for Maine’s Future Scholarship Program may be eligible for loans up to $10,000. Loans are need-based and are renewable for up to 4 years.
CHAPTER NUMBER AND TITLE: Ch. 618, Maine Veterinary Medicine Loan Program
ADOPTED RULE NUMBER: 2010-607
CONCISE SUMMARY: This rule establishes the criteria to be met by students commencing veterinary medical education after December 31, 2010. The Program will provide up to two new loans annually, up to $25,000, renewable up to 4 years, to students who evidence an intent to provide veterinary services to livestock in underserved areas of Maine upon completion of professional education. The loans are forgivable depending upon the level of such service provided, or are otherwise repayable with interest at 5%.
EFFECTIVE DATE: January 1, 2011
AGENCY CONTACT PERSON: Katryn Gabrielson, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. E-mail: KGabrielson@famemaine.com .
WEBSITE: http://www.famemaine.com/
FAME RULE-MAKING LIAISON: CRoney@famemaine.com


AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 101, Calculation of Interest
ADOPTED RULE NUMBER: 2010-608
CONCISE SUMMARY: The rule has been amended to reflect the change of the current rate of interest charged on overdue taxes (and paid on refunds of taxes in certain cases) through the end of calendar year 2011. The interest rate is set annually by the State Tax Assessor in accordance with 36 MRSA §186.
EFFECTIVE DATE: November 29, 2010
AGENCY CONTACT PERSON: John Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9536. E-mail: John.W.Sagaser@Maine.gov.
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov