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 World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.

PROPOSALS

AGENCY:
26-239 - Maine Attorney General
RULE TITLE OR SUBJECT: Ch. 106, Rules for Administering the Maine
Lemon Law Arbitration Program
PROPOSED RULE NUMBER: 2003-P296
CONCISE SUMMARY: These amendments to the current Maine Lemon Law Arbitration
Program Rules reflect recent legislative changes and will improve administration
of the program. Among the amendments are a necessary change to the definition
of "Lemon Law term of protection" and informative additions to the Lemon
Law brochure and the Lemon Law notice that is required for all warranty
booklets.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §1169(3) (Administered by Attorney General)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 26, 2004
AGENCY CONTACT PERSON: Julie Shanahan
AGENCY NAME: Attorney General's Lemon Law Arbitration Program
ADDRESS: 6 State House Station, Augusta, ME 04333
TELEPHONE: (207) 626-8848

AGENCY:
10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch.
III Section 97 and its Appendices A, B, C, D, E, and F (Private
Non Medical Institutions)
PROPOSED RULE NUMBER: 2003-P297
CONCISE SUMMARY: This rule is a major substantive rule that proposes
to permanently adopt two separate emergency rulemakings currently in
effect (2003-98, effective April 10, 2003, and 2003-222, effective July
1, 2003) as well as propose new policy. The Department is proposing
new policy that includes reductions in reimbursement. These reductions
have been determined necessary because unless the Department takes corrective
action, the funding available to the Department will soon be inadequate
to meet various expenditures of the Department. The Department has proposed
changes that will restrict reimbursement of bed-hold at 75% to all PNMI
facilities. The Department is also proposing to reduce reimbursement
to all PNMI providers by I%. The Department has also proposed other
changes in the rule including making stipends for some foreign students
allowable under certain circumstances.
Emergency rules the Department is proposing to permanently delete Appendix
A from the rules, as Appendix A is an outdated cost report that cannot
be accurately used to report allowable costs for private non-medical
institutions. In Appendix C, the Department has added a fourth peer
group for very small freestanding facilities (15 or fewer beds), taking
into account higher costs for some of these facilities.
NOTE: Pursuant to its statutory authority in 22 MRSA §§ 42 and 3173
and complying with 5 MRSA § 8054, the Department intends to adopt emergency
rules for Ch. III Section 97, effective in January 2004.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA § 42, § 3173
PUBLIC HEARING:
Date: January 13, 2004, 1:00 p.m.
Location: Department of Human Services, 442 Civic Center Drive, Augusta,
Maine 04333-0011. Any interested party requiring special arrangements
to attend the hearing must contact the agency person listed below before
January 10, 2004.
DEADLINE FOR COMMENTS: January 23, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Policy and Provider Services
ADDRESS: 442 Civic Center Drive, State House Station 11, Augusta, Maine
04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)

AGENCY:
06-096 - Department of Environmental Protection
RULE TITLE: Ch. 124, Total Reduced Sulfur Control from Kraft
Pulp Mills
PROPOSED RULE NUMBER: 2003-P298
CONCISE SUMMARY: The Department is proposing to amend Ch. 124 to align
the brownstock washer control compliance date with the 2007 federal
pulp and paper MACT (Cluster Rule) deadline. Ch. 124 currently requires
brownstock washer controls to be in place by 2005; the proposed amendments
would provide affected facilities an additional two years in which to
install and optimize the effectiveness of TRS controls. The complexity
of controlling brownstock washers in conjunction with meeting federal
MACT Subpart S requirements has resulted in the need to provide extensions
to three affected facilities. The proposed amendments will allow for
more effective control of TRS by providing additional time in which
to "fine-tune" emission control equipment, ultimately allowing for more
effective pollution control and more stringent emission limits.
Copies of these rules are available upon request by contacting the Agency
contact person listed below. Pursuant to Maine law, interested parties
must be publicly notified of the proposed rulemaking, the public hearing
and be provided an opportunity for comment. Any party interested in
providing public comment can testify at the public hearing or provide
written comments before the end of the comment period. All comments
should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA § 585-B
PUBLIC HEARING: January 15, 2004, 2:00 p.m., Best Western Senator Inn
& Spa, Augusta, Maine
DEADLINE FOR COMMENTS: January 28, 2004
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437

AGENCY:
02-031 - Department of Professional & Financial Regulation, Bureau
of Financial Institutions
RULE TITLE OR SUBJECT: Ch. 142 (Regulation #42), Charges Permitted
for Prepayment of Certain Consumer Loans
PROPOSED RULE NUMBER: 2003-P299
CONCISE SUMMARY: Public Law 2003 c.263 §1 amended 9-A MRSA § 2-509 to
authorize supervised financial organizations to assess a consumer a
reasonable charge related to the prepayment of a consumer loan secured
by an interest in land. That charge must be reasonably calculated to
offset only the cost of origination of the loan. Title 9-A § 2-509 as
amended requires the Superintendent to adopt rules to implement its
provisions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 9-A MRSA § 2-509
PUBLIC HEARING): None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 23, 2004
AGENCY CONTACT PERSON: Colette L. Mooney, Deputy Superintendent
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570

AGENCY:
29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 100, Establishment of Renewal Agent
Service Fees (for the renewal of digital operator's licenses)
PROPOSED RULE NUMBER: 2003-P300
CONCISE SUMMARY: The Secretary of State may, in accordance with Title
29-A, Ch. 3, Subchapter II, Section 202, appoint agents for the sole
purpose of issuing renewals of operator's licenses from various non-BMV
locations throughout the State and that these agents may charge an applicant
fee over the required operator's license fee for each renewal issued.
The Secretary of State proposes that any such additional fee be set
at five dollars ($5.00) for each renewal issued.
TIHS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 29-A, Ch. 3, Subchapter H, Section 202
PUBLIC HEARING: None scheduled, one may be requested.
DEADLINE FOR COMMENTS: January 23, 2004
AGENCY CONTACT PERSON: Paul Potvin
AGENCY NAME: Secretary of State/Bureau of Motor Vehicles
ADDRESS: 101 Hospital Street, Augusta, ME 04333
TELEPHONE: (207) 624-9005

AGENCY:
06-096 - Department of Environmental Protection
RULE TITLE: Ch. 127, New Motor Vehicle Emission Standards
PROPOSED RULE NUMBER: 2003-P301
CONCISE SUMMARY: On October 17, 2003, the Department received a petition
to require a rule making hearing pursuant to 5 MRSA Section 8055 and
to amend the Ch. 127 New Motor Vehicle Emission Standards regulation.
The petitioners are proposing to amend Ch. 127 to allow the sale of
Federally-compliant diesel-powered passenger cars, including the Volkswagen
TDI, in the State of Maine for a period of three years.
Copies of these rules are available upon request by contacting the Agency
contact person listed below. Pursuant to Maine law, interested parties
must be publicly notified of the proposed rulemaking, the public hearing
and be provided an opportunity for comment. Any party interested in
providing public comment can testify at the public hearing or provide
written comments before the end of the comment period. All comments
should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §§ 585, 585-A, 585-D and 5 MRSA § 8055
PUBLIC HEARING: January 15, 2004
2:30 p.m., Best Western Senator Inn & Spa, Augusta, Maine
DEADLINE FOR COMMENTS: January 28, 2004
AGENCY CONTACT PERSON: Ron Severance
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437

CHAPTER
NUMBER AND TITLE: Ch. 8.05, Primary Buyer Permit
ADOPTED RULE NUMBER: 2003-468
CONCISE SUMMARY: Any Wholesale Seafood license holder or Retail Seafood
license holder who buys or obtains product direct from harvester(s)
is required to obtain a no-cost Primary Buyer Permit. The permit requires
reporting of landings in existing reporting requirements for only those
dealers who hold this permit. The Primary Buyer Permit requires the
reports to be sent to a single location where all landings will be aggregated
and categorized to support and maintain a complete dealer and retail
reporting compliance.
The proposed reporting requirement for dealers and retailers is part
of an initial step to provide accuracy and continuity for reporting
of catches and landings of regulated marine organisms and to bring the
Maine DMR landings program and data into conformity with the Atlantic
Coastal Cooperative Statistics Program (ACCSP), a the multi-state federal
initiative.

CHAPTER
NUMBER AND TITLE: Ch. 8.10(8), Lobster Dealer Reporting
ADOPTED RULE NUMBER: 2003-469
CONCISE SUMMARY: In addition to the relocation of existing reporting
requirements to the new Ch. 8 Landings Program, regulations are also
adopted for wholesale dealers with lobster permit and retail seafood
dealers to report landings data for lobster. This requirement has been
endorsed by the Maine Lobster Dealers Association with their support
of the rulemaking.

AGENCY:
17-229 - Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 300, Rules and Regulations for
the Use of the Interstate Highway System (Amendment)
ADOPTED RULE NUMBER: 2003-471
CONCISE SUMMARY: This amendment to the Maine Department of Transportation's
Rules restricts trucks, including truck tractors but excluding pickup
trucks, all as defined in 29-A MRSA § 101, to the two farthest right-hand
lanes on that portion of Interstate 95 from the Maine-New Hampshire
border to the southern terminus of the Maine Turnpike.
EFFECTIVE DATE: May 5, 2004
AGENCY CONTACT PERSON: Jim Smith
AGENCY NAME: Department of Transportation
ADDRESS: Office of Legal Services, 16 State House Station, Augusta ME
04333-0016
TELEPHONE: (207) 624-3020

AGENCY:
09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.04, Moose Hunting
ADOPTED RULE NUMBER: 2003-472
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted
a rule establishing the number of moose permits to be issued for the
2004 moose hunting season. As in 2003, permits will be issued for bulls
and antlerless moose in each of the WMDs with permit allocations. The
original proposal increased permits in WMDs 3, 6, and 11. Based on input
from the public, In WMDs 6 and 11 permits have been reduced by 120 each
bringing the total number of permits issued from the originally proposed
3,13 5 to 2,895. In WMDs 1, 2, 3, 5, 6, 11 and 19 the season will open
on Monday following the close of the bear baiting season and remain
open for 6 days. In WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 18, 19, 28 and 29 the season begins on the second Monday of October
and remains open for 6 days.
EFFECTIVE DATE: December 22, 2003
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201