November 7, 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2012-P265
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following fishing regulation:
Roach Pond, First, Frenchtown Twp., Piscataquis County -- From February 1 – February 28 open to ice fishing, S-4, S-8, S-26, daily bag limit on brook trout 2 fish, closed to the taking of salmon.
PUBLIC HEARING: November 27, 2012 at 6:30 p.m. - Greenville Consolidated School, 130 Pritham Avenue, Greenville
COMMENT DEADLINE: December 7, 2012
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/ .


AGENCY: 90-351 - Workers’ Compensation Board
RULE TITLE OR SUBJECT: Ch. 13, Rules of Appellate Division
PROPOSED RULE NUMBER: 2012-P266
CONCISE SUMMARY: The proposed rule establishes rules of procedure before the Appellate Division of the Board as required by 39-A MRSA §321-A(3).
PUBLIC HEARING: Monday, November 26, 2012, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Thursday, December 6, 2012, 5:00 p.m.
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: John Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta ME 04333-0027. Telephone: (207) 287-7086. E-mail: John.Rohde@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA §§ 152(2) and 321-A(3)
WEBSITE: http://www.maine.gov/wcb/ .

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 109, Emergency Episode Regulations
ADOPTED RULE NUMBER: 2012-298
CONCISE SUMMARY: The Department has amended its Ch. 109, Emergency Episode Regulations, to incorporate the current federal Air Quality Index (AQI) thresholds for Air Pollution Alert, Air Pollution Warning, and Air Pollution Emergency action levels. The proposed amendments to Ch. 109 are required pursuant to Section 110(a)(2)(G) of the 1990 Clean Air Act Amendments and federal regulations which requires states to have the authority to address activities causing imminent danger to public health, including emergency episodes provisions in their SIPs. These amendments will be submitted to EPA for incorporation in the Maine State Implementation Plan.
EFFECTIVE DATE: November 5, 2012
AGENCY CONTACT PERSON: Jeff Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, Me 04330-0017. Telephone: (207) 287-7647. Fax: (207) 287-7641. E-mail: Jeff.S.Crawford@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 686, Standards for Assessing Ability to Pay Deductibles under the State Insurance Program for Oil Storage Tanks
ADOPTED RULE NUMBER: 2012-299
CONCISE SUMMARY: The rule establishes the standards by which the Department of Environmental Protection will assess a person’s ability to pay deductibles under the State insurance program for owners and operators of oil storage tanks.
EFFECTIVE DATE: November 5, 2012
AGENCY CONTACT PERSON: Mary James, DEP-BRWM, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7758. Fax: (207) 287-7826. E-mail: Mary.R.James@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 05-071 - Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 140, Public Charter Schools
ADOPTED RULE NUMBER: 2012-300 (Final adoption, major substantive)
CONCISE SUMMARY: This rule provides standards and procedures for implementation of Title 20-A, ch. 112 relating to the authorizing, oversight and operation of public charter schools in Maine. The rule requires public notice of the activities of authorizers and charter schools, establishes student enrollment procedures, sets standards for the operation of authorizers, provides criteria for determining the independence of a charter school governing board from an education service provider, sets standards for petitions relating to conversion of a non-charter public school to a public charter school, and clarifies the funding of public charter schools.
EFFECTIVE DATE: December 2, 2012
AGENCY CONTACT PERSON: Deborah Friedman, Department of Education, 23 State House Station, Augusta. Telephone: (207) 624-6620. E-mail: Deborah.Friedman@Maine.gov .
WEBSITE: http://www.maine.gov/doe/ .
DOE RULE-MAKING LIAISON: Greg.Scott@Maine.gov .


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 580, Third Party Notice of Cancellation
ADOPTED RULE NUMBER: 2012-301
CONCISE SUMMARY The amendments reflect Maine law changes enacted pursuant to 2011 PL c. 123. The statute and existing rule allow specified individuals to designate third parties to receive billing and cancellation notices from health insurers. The amendments expand the scope of protected interests under the Rule from those suffering from organic brain disease to include those suffering from cognitive impairment or functional incapacity.
EFFECTIVE DATE: November 3, 2012
AGENCY CONTACT PERSON: Pamela Stutch, Esq., Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8458. E-mail: Pamela.Stutch@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 585, Life Insurance Third-Party Notice of Cancellation; Rights of Reinstatement for Individuals Afflicted with Cognitive Impairment or Functional Incapacity.
ADOPTED RULE NUMBER: 2012-302
CONCISE SUMMARY The amendments reflect Maine law changes enacted pursuant to 2011 PL c. 123. The statute and existing rule allow specified individuals to designate third parties to receive billing and cancellation notices from life insurers. They also provide limitations on loss of coverage and clarify reinstatement rights with respect to those individuals. The amendments expand the scope of protected interests under the Rule from those suffering from organic brain disease to include those suffering from cognitive impairment or functional incapacity.
EFFECTIVE DATE: November 3, 2012
AGENCY CONTACT PERSON: Pamela Stutch, Esq., Bureau of Insurance, 34 State House Station, Augusta, ME 04333. Telephone: (207) 624-8458. E-mail: Pamela.Stutch@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/insurance/ .
BUREAU RULE-MAKING LIAISON: Thomas.M.Record@Maine.gov .


AGENCY: 02-288 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Board for Licensure of Architects, Landscape Architects and Interior Designers
CHAPTER NUMBER AND TITLE: Ch. 10, Definitions; Ch. 12, Licensure of Architects; Ch. 13, Licensure of Landscape Architects; Ch. 19, Incorporation by Reference
ADOPTED RULE NUMBER: 2012-303 thru 306
CONCISE SUMMARY: The amendments to Ch. 10, 12 and 13 revise the definition of “direct supervision” applicable to applicants for licensure as an architect who apply on the basis of office experience as opposed to completion of an internship recognized by the National Council of Architectural Registration Boards (“NCARB”). The amendment to Ch. 12 amends the training categories, training areas and minimum hour requirements applicable to applicants for licensure as an architect who apply on the basis of office experience as opposed to completion of an internship recognized by NCARB. The amendments to Ch. 12, 13 and 19 update references to the educational and experience standards published by NCARB and the Council of Landscape Architectural Registration Board that are relied upon by the board.
EFFECTIVE DATE: November 5, 2012
AGENCY CONTACT PERSON: Carol Leighton, Board Administrator, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8520. E-mail: Carol.J.Leighton@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/architects/index.htm .
OPOR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .


AGENCY: 02-385 - Department of Professional and Financial Regulation (PFR), Office of Professional and Occupational Regulation (OPOR), Manufactured Housing Board
CHAPTER NUMBER AND TITLE:
Ch. 110, State Certification of Modular Homes
Ch. 350, Licensing – Scope of Practice, Obligations of Licensees, Prohibited Practices
Ch. 820, Definitions
Ch. 890, Manufactured Housing Installation Standards
ADOPTED RULE NUMBER: 2012-307 thru 310
CONCISE SUMMARY: In this rulemaking proceeding the board repealed and replaced Ch. 110 and made minor changes to Ch. 350, 820 and 890. The revision of Ch. 110 updates the building codes and standards applicable to construction of state-certified modular homes, provides a uniform appeal procedure from decisions of an approved inspection agency or the board’s executive director, deletes the provisions relating to interstate reciprocity, reorganizes the chapter for clarity, and eliminates unnecessary or obsolete provisions. The amendment to Ch. 350 authorizes a manufactured housing dealer to install and service manufactured housing sold by another dealer. The amendment to Ch. 820 corrects an error in the 2009 amendment to that chapter relating to the definition of “home” as it applies to manufactured housing communities. The amendment to Ch. 890 adds a procedure for scheduling the pre-occupancy inspections of new HUD-code homes required by that chapter.
EFFECTIVE DATE: November 10, 2012
AGENCY CONTACT PERSON: Robert V. LeClair, Executive Director, Office of Professional and Occupational Regulation, 35 State House Station, Augusta, ME 04333. Telephone: (207) 624-8678. E-mail: Robert.V.LeClair@Maine.gov .
WEBSITE: http://www.maine.gov/pfr/professionallicensing/professions/manufactured_housing/index.htm .
OPOR RULE-MAKING LIAISON: Jeffrey.M.Frankel@Maine.gov .