Public Input for Proposed 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 §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 (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency.
NOTICE
AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections and Commissions
RULE TITLE OR SUBJECT: Request for Comments on the Maine Administrative Procedure Act (APA)
CONCISE SUMMARY: By the end of January, 2018, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rule-making process. We will include a summary on these recommendations in the report. Please submit comments via e-mail or U.S. postal.
STATUTORY AUTHORITY: 5 MRS §8056-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 24, 2018
AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: (207) 624-7650. Fax: (207) 287-6545. E-mail: Don.Wismer@Maine.gov .
WEBSITE: http://www.maine.gov/sos/cec/rules/index.html .
PROPOSALS
AGENCY: 01-015 - Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #02-18
PROPOSED RULE NUMBER: 2017-P189
BRIEF 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 MRS §2954
PUBLIC HEARING: January 18, 2018, Thursday, starting at 4:00 p.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: January 18, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287-7521. E-mail: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 2, Aquaculture Lease Regulations: 2.90, Limited Purpose Aquaculture (LPA) License; 2.95, Water Quality Classifications and Shellfish Aquaculture
PROPOSED RULE NUMBER: 2017-P190
BRIEF SUMMARY: This rulemaking proposes a number of changes to the Limited Purpose Aquaculture License (LPA). It deletes a number of references to other chapters of regulation to reduce redundancy. It proposes several changes to reduce risk to public health, and would prohibit siting LPAs for shellfish in prohibited, restricted and conditionally restricted areas with certain exceptions. It would prohibit siting of marine algae or shellfish seed LPAs within the 300:1 dilution zone around wastewater treatment outfalls and prohibit the use of MOU or biotoxin monitoring protocols on LPAs. It would limit the dimensions of LPAs to no longer than 4x100 feet, square or rectangular. It would require LPA license holders to complete an educational program prior to renewal of their license in 2019 and future years. It would amend gear marking requirements, so that each individual piece would no longer need to be marked and require buoys to be marked with the LPA identification number. The proposal would allow an individual to have three helpers, but limit an individual to being listed on no more than four LPAs as an assistant. The proposal clarifies the riparian landowner density exemption, notice to municipalities, site identification on the application, and who must sign the application. The proposal would also limit the allowable mid-year amendments to source of stock, species, mooring type/layout, assistants, and contact information.
PUBLIC HEARINGS:
Yarmouth: January 22, 2018, 6:00 p.m., Yarmouth Log Cabin, 196 Main Street
Rockland: January 24, 2018, 6:00 p.m., Rockland Ferry Terminal, 515 Main Street
If one or both hearings are canceled due to inclement weather, the alternate date and location will be: January 26, 2018 at 2:00 p.m., DMR Offices, Room 118 Marquardt Building, 32 Blossom Lane, Augusta, Maine. Weather related cancellations will be posted to the DMR website at: http://www.maine.gov/dmr/. Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson, at (207) 624-6553.
COMMENT DEADLINE: February 5, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis (tel: 207-624-6573). Mail Written Comments to: Department of Marine Resources, attn.: Rulemaking, 21 State House Station, Augusta, ME 04333-0021. Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing)
DMR PROPOSED RULEMAKING WEBSITE: http://www.maine.gov/dmr/laws-regulations/proposed-rulemaking.html .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
ADOPTIONS
Pursuant to Ch. 380 of the Public Laws of 2011, notice of the adoption of rules will no longer be published in the newspaper rule-making notices; our Wednesday web notices will continue to carry them, however. Information on rules adopted through the Maine Administrative Procedure Act as well as the full text of adopted rules is available on the internet at http://www.maine.gov/sos/cec/rules .
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