September 5, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices, Order #10-12
PROPOSED RULE NUMBER: 2012-P198
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: September 20, 2012, Thursday, starting at 10:30 a.m., Room 233, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: September 20, 2012
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .

ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #09-12
ADOPTED RULE NUMBER: 2012-244 (Emergency)
CONCISE SUMMARY: Minimum September 2012 Class I price is $20.84/cwt. plus $1.48/cwt. for Producer Margins, an over-order premium of $1.53/cwt. as being prevailing in Southern New England and $0.93/cwt. handling fee for a total of $24.98/cwt. that includes a $0.20/cwt. Federal promotion fee.
Minimum prices can be found at: http://www.maine.gov/dacf/milkcommission/minimum.shtml .
EFFECTIVE DATE: September 2, 2012
AGENCY CONTACT PERSON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov .


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
ADOPTED RULE NUMBER: 2012-245
CONCISE SUMMARY: The proposed rule amendments address money received and spent by individuals considering whether to run for public office; interpret the exception in campaign finance law for news media; establish criteria for a new statutory exception to the disclaimer requirement for certain handbills, campaign signs and internet or e-mail communications; eliminate accelerated reports for traditionally financed candidates with a Maine Clean Election Act opponent; amend the deadlines for independent expenditure reports; and establish deadlines for communications by membership organizations to their members. A copy of the proposed rule amendments is available on the Ethics Commission's website - www.maine.gov/ethics or by calling (207) 287-4179.
EFFECTIVE DATE: September 2, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. E-mail: Jonathan.Wayne@Maine.gov .


AGENCY: 02-313 - Maine Board of Dental Examiners (affiliated with the Department of Professional and Financial Regulation)
CHAPTER NUMBER AND TITLE:
Ch. 2, Rules Relating to Dental Hygienists
Ch. 3, Rules Relating to Dental Assistants
Ch. 4, Rules Relating to the Practice of Denturism
Ch. 5, Requirements for Licensure as a Denturist
Ch. 6, Rules for Radiation Barriers
Ch. 8, Advertising
Ch. 10, Licensure Requirements for Dental Radiographers
Ch. 11, Requirements for Licensure as Dental Hygienists
Ch. 12, Requirements for Dental Licensure
Ch. 13, Continuing Education
Ch. 14, Rules for Use of Sedation and General Anesthesia by Dentists
Ch. 21, Use of Controlled Substances for Treatment of Pain
ADOPTED RULE NUMBER: 2012-246 thru 257
CONCISE SUMMARY:
* minor formatting changes to chapters 2, 3, 4, 6, 11, 14 and 21;
* amendments to clarify and clearly delineate the scope of practice for dental assistants and dental hygienists;
* amendments to include requirements for faculty licensure, temporary licensure, temporary permits, retired dentists, and anesthesia/sedation site permits;
* amendments to include new IPDH category of licensure to advertising rule;
* amendments to include requirement for interview for reinstatement of dental radiography license when it has been more than two years since license lapsed;
* amendments to more clearly delineate continuing education requirements for relicensure; and provide examples of acceptable or not acceptable continuing education; and
* amendments that include a new website address for the ADA guidelines for sedation/anesthesia.
EFFECTIVE DATE: September 9, 2012
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Teneale E. Johnson, Maine Board of Dental Examiners, 143 State House Station, Augusta, ME 04333-0143. Telephone: (207) 287-3333. E-mail: Teneale.E.Johnson@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .