Weekly State Rulemaking Notices – 9/22/21

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.
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ADOPTIONS
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AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 3 (Repeal),Delegation of Authority to Staff
ADOPTED RULE NUMBER: 2021-183
CONCISE SUMMARY: Ch. 3 has been repealed and all provisions have been relocated and updated in Ch. 4, Rules of Practice.
EFFECTIVE DATE: November 1, 2021
LUPC CONTACT PERSON / RULEMAKING LIAISON: Judy East, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-2631. Email: Judith.C.East@Maine.gov .
LUPC WEBSITE: https://www.maine.gov/dacf/lupc/index.shtml .
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AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 4 (Repeal and replace),Rules of Practice
ADOPTED RULE NUMBER: 2021-184
CONCISE SUMMARY: Ch. 4 has been reformatted and entirely reorganized. Provisions regarding petition correction and hearing record, delegation of authority to staff, use notifications, permit expiration, and permit renewals have been relocated from Ch. 3, 5, and 10. Ch. 4 now includes clarifications regarding permit transfers, suspension, surrender, appeals, meetings, and digital signatures. This repealed and replaced rule is expected to improve consistency and functionality, and will be significantly easier to reference or otherwise administer.
EFFECTIVE DATE: November 1, 2021
LUPC CONTACT PERSON / RULEMAKING LIAISON: Judy East, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-2631. Email: Judith.C.East@Maine.gov .
LUPC WEBSITE: https://www.maine.gov/dacf/lupc/index.shtml .
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AGENCY: 01-672 – Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 5 (Repeal and replace),Rules for the Conduct of Public Hearings
ADOPTED RULE NUMBER: 2021-185
CONCISE SUMMARY: Ch. 5 has been reformatted and reorganized, and provisions regarding petition correction and hearing record have been relocated to Ch. 4, Rules of Practice. This repealed and replaced rule is expected to significantly improve consistency and functionality, and will be significantly easier to reference or otherwise administer.
EFFECTIVE DATE: November 1, 2021
LUPC CONTACT PERSON / RULEMAKING LIAISON: Judy East, Maine Land Use Planning Commission, Department of Agriculture, Conservation and Forestry, 22 State House Station, Augusta, ME 04333. Telephone: (207) 287-2631. Email: Judith.C.East@Maine.gov .
LUPC WEBSITE: https://www.maine.gov/dacf/lupc/index.shtml .