December 22, 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

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AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202-11, Tree Growth Tax Law Valuations - 2011
PROPOSED RULE NUMBER: 2010-P337
CONCISE SUMMARY: The rule fulfils the requirement that each year the State Tax Assessor determine 100% valuations per acre for each forest type by economic region for parcels under the Tree Growth Tax Law. This rule is applicable to the 2011 tax year. A copy of the statement of the economic impact on small business to be prepared by Maine Revenue Services pursuant to 5 MRSA §8052(5-A) with respect to the proposed Rule may be obtained after the close of the comment period and prior to the adoption of the proposed Rule by contacting the Agency Contact Person listed below.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 36 MRSA §576
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: January 24, 2011
AGENCY CONTACT PERSON FOR INFORMATION ON THIS RULE, INCLUDING A STATEMENT OF IMPACT ON SMALL BUSINESS IF RELEVANT: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-9536. Fax: (207) 287-3618. E-mail: John.W.Sagaser@Maine.gov .
WEBSITE: http://www.maine.gov/revenue/
DAFS RULE-MAKING LIAISON: Domna.Giatas@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 97, Principles of Reimbursement for Private Non-Medical Institution Services, Appendix D: Child Care Facilities
PROPOSED RULE NUMBER: 2010-P338
CONCISE SUMMARY: The Department proposes these rules to begin the process of permanently adopting emergency rules that were effective October 1, 2010. These rules are major substantive and they will not be permanently adopted until they have been approved by the Legislature. These changes are directed in P.L. 2009, ch. §571, Part A, §A-26 (Maine June 2010 Supplemental Budget). The rule specifies a reduction in reimbursement rates for PNMI Child Care Facilities for State Fiscal Year 2011. In order to meet the necessary budget reduction for Fiscal Year 2011 the Department is reducing reimbursement rates for Treatment Foster Care Services by 3.2% (not to be passed to parents) and reduces reimbursement rates to all other Appendix D facilities to achieve an aggregate savings of 3.56% for those services. Additionally the rule is amended to eliminate one accounting requirement for providers that is no longer necessary, thereby reducing the administrative burden for providers.
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: 5 MRSA §§ 8071, 8072; 22 MRSA §§ 42, 3173
PUBLIC HEARING: January 10, 2011 at 1:00 p.m., Conference Room # 1B, Department of Health and Human Services, Office of MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the hearing contact the agency person listed above before January 52011.
DEADLINE FOR COMMENTS: Comments must be received by midnight January 20, 2011.
AGENCY CONTACT PERSON: Margaret Brown, Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-5505. Fax: (207) 287-9369. TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Margaret.E.Brown@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov

ADOPTIONS

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AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TVPE OF RULE: EMERGENCY
CHAPTER NUMBER AND TITLE: Ch. 4.01, Upland Game and Furbearing Animals: (J), Size of Traps, and (K), Location and Preparation of Traps
ADOPTED RULE NUMBER: 2010-616
CONCISE SUMMARY: This emergency rule applies existing regulations and restrictions regarding the setting of foot-hold and killer-type traps in WMD's 1 - 11 to Wildlife Management Districts 14, 18 and 19. These regulations and restrictions are implemented in order to avoid the accidental capture of Canada lynx, which is listed as "threatened" under the federal Endangered Species Act. This rule applies the current restrictions to these three additional Wildlife Management Districts.
EFFECTIVE DATE: December 10, 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: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 7, Minimum Driver Training Requirements for Fire Apparatus
ADOPTED RULE NUMBER: 2010-617
CONCISE SUMMARY: The purpose of this chapter is to specify performance objectives and to establish minimum competencies for all fire apparatus drivers in order to reduce accidents, injuries and loss of fire equipment.
EFFECTIVE DATE: December 18, 2010
AGENCY CONTACT PERSON: William A. Peabody, Director, Bureau of Labor Standards, 45 State House Station, Augusta, ME 04333. Telephone: (207) 623-7931. E-mail: William.A.Peabody@Maine.gov .
WEBSITE: http://www.maine.gov/labor/


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 24.10(D)(6), Maine – Restricted Area for American Oyster, & Appendix A
ADOPTED RULE NUMBER: 2010-618
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that became effective with the adoption of the emergency rules that added the territorial waters between Ocean Point, Linekin Neck, Boothbay to Pemaquid Point, Bristol to the list of restricted areas for the movement of the American oyster (Crassostrea virginica) due to presence of MSX. No size exemption is adopted because all sizes of American oyster are susceptible to infection, and any movement from within any restricted area requires a permit prior to movement/introduction in accordance with Ch. 24.05.
CHAPTER NUMBER AND TITLE: Ch. 34.10, Maine Groundfish Management Plan – Amendment 16, Compliance Updates
ADOPTED RULE NUMBER: 2010-619
CONCISE SUMMARY: The adopted rules remove the 2-hook per line restriction and prohibit the landing of ocean pout, windowpane flounder and Atlantic wolffish for compliance and consistency with Amendment 16 and Framework 44 to the Northeast Multispecies Fishery Management Plan and NOAA Fisheries Service regulations.
CHAPTER NUMBER AND TITLE: Ch. 42, Striped Bass
ADOPTED RULE NUMBER: 2010-620
CONCISE SUMMARY: The adopted rules on striped bass fishing restrict the use to no more than two barbed or barbless treble hooks on artificial lure or flies; add rules to eliminate high grading, clarify that the sale of wild striped bass in Maine is prohibited and that these rules apply when fishing in Maine territorial waters. Section 42.01(1)(C) is modified to delay the use of bait on hooks other than circle hooks until January 1, 2013; and during the interim will prohibit the use of bait on treble hooks. This will allow the next two seasons to be used as a period for education of the public and guides about circle hooks.
CHAPTER NUMBER AND TITLE: Ch. 43, Bluefish
ADOPTED RULE NUMBER: 2010-621
CONCISE SUMMARY: The adopted rules on bluefish restrict the use to no more than two barbed or barbless treble hooks on artificial lure or flies; section 43.01(1)(C) is modified to delay the use of bait on hooks other than circle hooks until January 1, 2013; and during the interim will prohibit the use of bait on treble hooks. This will allow the next two seasons to be used as a period for education of the public and guides about circle hooks. A technical correction has been made to Ch. 43.01(1)(B) removing the text ‘in territorial waters’ and the section on high grading removed as this did not apply to bluefish.
CHAPTER NUMBER AND TITLE: Ch. 85, Saltwater Fishing Registry
ADOPTED RULE NUMBER: 2010-622
CONCISE SUMMARY: These adopted regulations finalize the new saltwater fishing registry by establishing rules for the selection of agents to register individuals who wish to engage in saltwater recreational fishing. These rules also describe in greater detail certain individuals who are exempt from registration; and establish a striped bass fishing endorsement required of persons who recreationally fish striped bass in saltwater.
EFFECTIVE DATE: December 20, 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 .
WEBSITE: http://www.maine.gov/dmr/index.htm