May 11, 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: 65-407 - Maine Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 660, Consumer Protection Standards for Water Utilities
PROPOSED RULE NUMBER: 2011-P42
CONTACT PERSON FOR THIS FILING: Derek Davidson Telephone: (207) 287-1596. E-mail: Derek.D.Davidson@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: June 1, 2011, 2:00 p.m.., Public Utilities Commission, 101 Second Street, Hallowell, Maine
COMMENT DEADLINE: Written comments on the proposed rule may be filed with the Administrative Director no later than June 24, 2011. Written documents should refer to the Docket Number of this proceeding, Docket No. 2011-153, and sent to the Administrative Director, Public Utilities Commission, mailing address – 18 State House Station, Augusta, Maine 04333-0018; delivery address – 101 Second Street, Hallowell, Maine 04347.
BRIEF SUMMARY: This rulemaking amends an existing rule that was adopted on September 30, 2010 and corrects errors, omissions, and inconsistencies found necessary after the rule was adopted and also makes minor, non-substantive modifications.
IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 104, 111, 704 and 1308
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/mpuc/
PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov

ADOPTIONS


AGENCY: 02-343 - Department of Professional and Financial Regulation (P&FR), Office of Licensing and Registration (OLR), Board of Respiratory Care Practitioners
CHAPTER NUMBER AND TITLE:
Ch. 1, Definitions (amended)
Ch. 2, Advisory Rulings (amended)
Ch. 3, Licensing Requirements for Respiratory Care Practitioners (amended)
Ch. 4, Continuing Education Requirements for Respiratory Care Practitioner License Renewal (repealed)
Ch. 5, Enforcement and Disciplinary Procedures (repealed)
Ch. 6, Code of Ethics (amended)
Ch. 7, Misconduct (amended)
ADOPTED RULE NUMBER: 2011-130 thru 136
CONCISE SUMMARY: The adopted rules: (a) eliminate the requirement of continuing education as a prerequisite to license renewal; (b) reflect the change in license term from biennial to annual; (c) define direct supervision of a temporary licensee to mean that the temporary licensee is able to immediately communicate with a supervising respiratory care practitioner; (d) eliminate obsolete or unnecessary material; and (e) make various changes to licensure standards and procedures, the code of ethics, and misconduct provisions.
EFFECTIVE DATE: May 7, 2011
AGENCY CONTACT PERSON: Geraldine Betts, Board Administrator, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8625. E-mail: Geraldine.L.Betts@Maine.gov .
WEBSITE: http://maine.gov/pfr/professionallicensing/professions/respiratory/index.htm .
OLR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .


AGENCY: 01-001 – Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Amendment to Ch. 702, Rules for the Low-Income Spay/Neuter Program
ADOPTED RULE NUMBER: 2011-137
CONCISE SUMMARY The Department adopted this amendment in order to streamline the application process, simplify eligibility requirements for participation in the program, clarify the process for veterinarian reimbursement, and specify how the program would be administered if contracted to an organization or individual as allowed by 2007 legislation. The Department believes the amended rule will better ensure that the spay/neuter funds will be used in the most efficient manner possible to control the over-population of unwanted cats and dogs.
EFFECTIVE DATE: May 8, 2011
AGENCY CONTACT PERSON: Robert I. Batteese, Jr., Director, Div. of Animal and Plant Health/Animal Welfare Program, 28 State House Station, Augusta, Maine 04333-0028. Telephone: (207) 287-3891. E-mail: Robert.Batteese@Maine.gov .
WEBSITE: http://www.maine.gov/agriculture/aw/index.html
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .