February 1, 2012

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 for Family Independence (OFI)
RULE TITLE OR SUBJECT: Ch. 301, OFI Food Supplement Certification Manual, Rule #174P: Legal Non-Citizens - FS-111-2 (pages 2-5A)
PROPOSED RULE NUMBER: 2012-P6
CONCISE SUMMARY: This rule implements the following:
1. Maine provisions from Part KK of the State FY 2012 and FY 2013 Biennial Budget (P.L. 2011, Ch. 380). As of January 1, 2012, this rule will restrict new legal non-citizen eligibility to applicants who are: (1) elderly, (2) disabled, (3) victims of domestic violence, or; (4) experiencing a hardship. State-funding for individuals receiving Food Supplement assistance and for those who have a pending application as of January 1, 2012 will be preserved under this rule.
2. Implements Federal rule changes that affect legal non-citizens; including elimination of a time limit associated with Iraqi and Afghani individuals, and clarifies which legal non-citizens are subject to the 5-year waiting period or other conditions associated with eligibility.
3. This rule seeks to make permanent Emergency Rule 174E, for Legal Non-Citizens, which was implemented on January 1, 2012.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: P.L. 2011, Ch. 380 §KK-1, 5 MRSA §8052, 22 MRSA §§ 42 and 3104, 7 CFR 273.4
PUBLIC HEARING: Thursday, February 23, 2012 at 9:00 a.m. at the Department of Health and Human Services, 442 Civic Center Drive, Augusta, Maine. Conference Rooms 1A and 1B
DEADLINE FOR COMMENTS: March 2, 2012
AGENCY CONTACT PERSON: Karen L. Curtis, Food Supplement Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: (207) 287-7118. E-mail: Karen.L.Curtis@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/services/snap/index.html .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #03-12
PROPOSED RULE NUMBER: 2012-P7
CONCISE SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRSA §2954.
SEE INFORMATION AT OUR WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §8054 and 7 MRSA §2954
PUBLIC HEARING: February 17, 2012, Friday, starting at 1:30 p.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: February 17, 2012
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta Maine 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 30, River Herring (formerly titled “Alewives”)
PROPOSED RULE NUMBER: 2012-P8
CONCISE SUMMARY: The proposed rulemaking would provide compliance with Amendment 2 to the Atlantic States Marine Fisheries Commission (ASMFC), Interstate Fishery Management Plan (FMP) for River Herring. In order to maintain a commercial or recreational river herring fishery, i.e., alewives and blueback herring, member states are required to develop sustainability targets that meet the FMP’s definitions. Through 12 M.R.S. §6131 (Alewive Fishing Rights), Maine’s regulation of the municipal alewife fishery would meet most of the management plans’ requirement to meet the sustainability targets. A definition of river herring would be added that includes both the alewife species (Alosa pseudoharengus) and blueback herring species (Alosa aestivalis) (12 M.R.S. §6001(1-A)). A 25 fish per day recreational take by hook and line or dip net would be added. A recreational fisher would be required to either hold a fishing license from the Department of Inland Fisheries and Wildlife or be registered through the Department of Marine Resource’s saltwater fishing registry.
Specific town regulations regarding the governance of alewive fishing rights are proposed to be removed (Surry, Orland, Gouldsboro, Dennysville and South Berwick) as these are duplications of the municipal rights program governed by statute (12 M.R.S. §6131), effective since in 1964. Other area specific regulations would be retained with the terms “alewife” or “alewives” in these sections replaced with the term “river herring� for compliance with the ASMFC management plan. The entire chapter would also be renumbered.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:12 M.R.S. §6171, §6131
PUBLIC HEARINGS:
Rockland, ME: State Ferry Terminal Conf. Room, 517A Main Street, Thursday, February 23, 2012, 6 p.m.
Yarmouth: Town Hall Community Room, 200 Main Street, Tuesday, February 21, 2012, 6 p.m.
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: March 8, 2012
To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Ms. Gail Wippelhauser (207-624-6550)
Mail Written comments to: Attn K. Rousseau, Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: Kevin.Rousseau@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/rulemaking/

ADOPTIONS


AGENCY: 65-407 - Public Utilities Commission (PUC)
CHAPTER NUMBER AND TITLE: Ch. 313, Customer Net Energy Billing
ADOPTED RULE NUMBER: 2012-7
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to the current net energy billing rule to provide for specified term lengths for net energy billing contracts.
EFFECTIVE DATE: January 29, 2012
AGENCY CONTACT PERSON: Paula J Cyr, Public Utilities Commission, 18 State House Station, Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov .
WEBSITE: http://www.maine.gov/mpuc/


AGENCY: 02-041 - Department of Professional and Financial Regulation (P&FR), Office of Professional and Occupational Regulation (OPOR)
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2012-8
CONCISE SUMMARY: The amendment to this chapter: (1) establishes a $25 annual license fee for the new limited barber license, (2) eliminates certain license fees for student intern pharmacy technicians, (3) establishes a $200 fee for applications for continuing education course approval made to the Board of Real Estate Appraisers, (4) lowers the annual license fee for temporary speech-language pathologists and audiologists from $225 to $110, and (5) converts the $225 biennial licensee fee for speech-language pathologists and audiologists to a $110 annual fee.
EFFECTIVE DATE: For #5: March 1, 2012. For #s 1-4: February 4, 2012
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8615. E-mail: Jeffrey.M.Frankel@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml .