August 24, 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: 90-429 - Maine Board of Licensure of Water System Operators
RULE TITLE OR SUBJECT: Ch. 1, Maine Rules Relating to the Licensure of Water System Operators (90-429 Ch. 1 - Policy area 04, umbrella 92 Unit 429, citation Title 22 MRSA Ch. 601, Sub-chapter III, Licensure of Operators)
PROPOSED RULE NUMBER: 2011-P137
CONCISE SUMMARY: The proposed revisions to the Rules Relating to the Licensure of Water System Operators will provide for examinations to be proctored by a third party; remove the requirement for sequential examinations; repeal water operator grandfathering provisions for certain water systems, establishes a new fee schedule, and revises procedures for license revocation. P.L. 2011, 45, “An Act to Revise the Laws Governing the Board of Licensure of Public Water System Operators”, effective September 1, 2011, authorizes the Board of Licensure of Water System Operators to administer examinations in this manner. A new fee structure separating examination and licensing fees is also proposed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MSRA §2628
PUBLIC MEETING/HEARING: September 15, 2011, 1 p.m. – 4 p.m., 286 Water Street, Augusta Maine, Room A16 Key Bank Building, Maine CDC office
DEADLINE FOR COMMENTS: September 30, 2011
AGENCY CONTACT PERSON: Tera Pare, J.D., Rulemaking Coordinator, Maine Division of Environmental Health, 11 State House Station, Augusta, ME 04333-0011. Telephone: (207) 287-5680. TTY: (207) 287-5550. E-mail: Tera.Pare@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/eng/water/ .

ADOPTIONS

AGENCY: 94-649 - Maine Commission on Indigent Legal Services
CHAPTER NUMBER AND TITLE: Ch. 201, Appeals of Decisions of the Executive Director
ADOPTED RULE NUMBER: 2011-282
CONCISE SUMMARY: This rule establishes the process for an appeal of a decision of the Executive Director.
CHAPTER NUMBER AND TITLE: Ch. 301, Fee Schedule and Administrative Procedures for Payment of Counsel
ADOPTED RULE NUMBER: 2011-283
CONCISE SUMMARY: This rule establishes a fee schedule and administrative procedures for payment of Commission assigned counsel. It sets a standard hourly rate and maximum fee amounts for specific case types. It also establishes rules for payment of mileage and other expenses that are eligible for reimbursement by the Commission. Finally, it requires that, unless an attorney has received prior authorization to do otherwise, all vouchers must be submitted using the MCILS electronic case management system.
CHAPTER NUMBER AND TITLE: Ch. 302, Procedures Regarding Funds for Experts and Investigators
ADOPTED RULE NUMBER: 2011-284
CONCISE SUMMARY: This rule establishes the procedures for attorneys and pro se defendants to request funds for experts and investigators and establishes the procedures for payment of expert and investigator services.
EFFECTIVE DATE: August 21, 2011
AGENCY CONTACT PERSON: Jennifer M. Smith, MCILS Rule-making Liaison, Maine Commission on Indigent Legal Services, 154 State House Station, Augusta, ME 04333. Telephone: (207) 287-3253. E-mail: Jennifer.M.Smith@Maine.gov .
WEBSITE: http://www.maine.gov/mcils/ .


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 26.07(1), Sea Urchin Harvesting Season 2011–2012 2010-2011, Zone 1
ADOPTED RULE NUMBER: 2011-269
CONCISE SUMMARY: This adopted regulation establishes the season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 during the 2011-2012 season. The 10 day season for divers, trappers, rakers and draggers in 2011-2012, which was the same length of season in 2010-2011 has been adopted. Divers, rakers and trappers will have a choice of fishing 10 days in September or 10 days in December; and draggers in December or January.
CHAPTER NUMBER AND TITLE: Ch. 26.07(2), Sea Urchin Harvesting Season 2011–2012 2010-2011, Zone 2
ADOPTED RULE NUMBER: 2011-285
CONCISE SUMMARY: This adopted regulation establishes the season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 during the 2011-2012 season. A 45 day season is proposed for divers, trappers, rakers and draggers in 2011-2012, which was the same length of season in 2010-2011. Divers, rakers, trappers, and draggers will have a choice of fishing an early or late season.
CHAPTER NUMBER AND TITLE: Ch. 11.09, Atlantic Sea Scallop Harvesting Season 2011-2012; 11.10(1)(H)(5), Closed Areas (Blue Hill technical correction); and 11.15, Scallop Research Conservation Areas, Beals-Jonesport, expired
ADOPTED RULE NUMBER: 2011-286
CONCISE SUMMARY: This adopted rulemaking will establish the 2011-2012 scallop fishing season from December 17, 2011 through March 21, 2012 with fishing prohibited on Thursdays and Fridays in December and March, plus December 25, 2011 will be closed. Scallop fishing in the months of January and February will be prohibited on Saturdays and Sundays. There is a clarification that the Blue Hill Salt Pond is included in the Blue Hill area closure. Also, the research conservation area in Beals-Jonesport in Ch. 11.15 is removed since it has expired.
CHAPTER NUMBER AND TITLE: Ch. 25.08, Lobster Trap Tag System – Owner Operator clarification
ADOPTED RULE NUMBER: 2011-287
CONCISE SUMMARY: These adopted regulations will provide consistency with a new section of law (12 MRS §6431-G) that is meant to both clarify and strengthen the “owner-operator law” to address a 'loophole' that has been identified by Marine Patrol, which allows certain arrangements of family members with two boats to circumvent the owner-operator law.
CHAPTER NUMBER AND TITLE: Ch. 34.10, Maine Groundfish Management Plan – Amendment 16 compliance updates
ADOPTED RULE NUMBER: 2011-288
CONCISE SUMMARY: The adopted rules remove the 2-hook per line restriction for consistency with Amendment 16 and Framework 44 to the Northeast Multispecies Fishery Management Plan and NOAA Fisheries Service regulations.
CHAPTER NUMBER AND TITLE: Ch. 2.90, Limited-purpose aquaculture (LPA) license – Amend to add Marine Algae (Seaweeds)
ADOPTED RULE NUMBER: 2011-289
CONCISE SUMMARY: Marine algae or seaweed species have been added the list of authorized species for culture by limited-purpose aquaculture license holders.
EFFECTIVE DATE: August 22, 2011
AGENCY CONTACT PERSON: Laurice Churchill
AGENCY NAME & ADDRESS: 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 .