April 13, 2011

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. II Section 109, Speech and Hearing Services
PROPOSED RULE NUMBER: 2011-P33
CONCISE SUMMARY: The Department of Health and Human Services proposes this routine technical rule to clarify that unlicensed Speech and Language Clinicians holding a Certificate 293, as defined by the Maine Department of Education regulations Ch. 115 Part II, 2.6, are not qualified providers of MaineCare services. This rule change assures compliance with 42 CFR §440.110, the federal regulation that requires that speech language pathologists delivering medically necessary services in all settings, including schools, meet state licensure requirements or have completed educational and work requirements equivalent to that which earns a certificate from the American Speech and Hearing Association.
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; 42 C.F.R. §440.110
PUBLIC HEARING: Tuesday, May 3, 2011 at 1:00 p.m., Conference Room #4, Department of Health and Human Services, MaineCare Services, 442 Civic Center Drive, Augusta, ME. The Department requests that any interested party requiring special arrangements to attend the public hearing please contact the agency person listed below before April 25, 2011.
DEADLINE FOR COMMENTS: Comments must be received by midnight on Sunday, May 15, 2011.
AGENCY CONTACT PERSON: Delta Cseak, Comprehensive Health Planner, MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-6348. Fax: (207) 287-9369. TTY: 1 (800) 606-0215 or (207) 287-1828 (Deaf or Hard of Hearing). E-mail: Delta.Cseak@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/oms/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.03(C), Deer Hunting Seasons, Special Deer Hunting Districts (Antlerless Deer Hunting Restrictions)
PROPOSED RULE NUMBER: 2011-P34
CONCISE SUMMARY: In accordance with Title 12 MRSA §11152 sub-§3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt antlerless deer permit numbers for the 2011 regular and special muzzle-loading deer hunting seasons by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:

� WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 0 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 – 0 permits
WMD 13 – 170 permits
WMD 14 - 0 permits
WMD 15 – 2,880 permits		 WMD 16 – 2,575 permits
WMD 17 – 840 permits
WMD 18 – 0 permits
WMD 19 - 0 permits
WMD 20 – 3,600 permits
WMD 21 – 5,670 permits
WMD 22 – 2,280 permits
WMD 23 – 3,320 permits
WMD 24 – 2,050 permits
WMD 25 – 2,000 permits
WMD 26 – 405 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 –600 permits
TOTAL – 26,390
All other restrictions remain in place, including archery hunting and youth deer day.
STATUTORY AUTHORITY: 12 MRSA §11152
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.05, Moose (Open and Closed Season)
PROPOSED RULE NUMBER: 2011-P35
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend the rule that provides for a controlled moose hunt in designated areas in Aroostook County, open to the hunting of moose by permit only (special landowner/guide lottery) during a specified period between August 15 and December 31 annually. The Department will determine the moose hunting season dates and the number of moose hunting permits to be issued. Each permit will specify the number and sex of moose to be taken, the timing of the hunt, and any other special conditions deemed necessary. The objective of this proposal is to lower moose numbers in specific areas where they are causing damage. This proposal will also require that 10 any-moose permits be allocated to holders of valid disabled veteran hunting licenses and proposes to change the allocation of permits to guides from 45% to 30%, issue antlerless-only permits to guides and require a one-year ineligibility for guides selected for permits. The percentage for landowners would go from 55% to 60%, and any landowner who receives an any-moose permit for their own land will be restricted to antlerless-only if they receive authorization to hunt on other designated lands. Landowners will also be required to attend a training session prior to hunting during this season.
A detailed copy of the rule may be obtained from the Agency Contact Person listed below.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §§ 10104, 11551
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: May 13, 2011
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/

ADOPTIONS: no adoption notices this week

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