Notices for Week of: JUNE 30, 2005
PROPOSED STATE RULES
By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.
To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible
To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).
Administrative Rules for Board of Barbers and Cosmetologists
Vermont Proposed Rule: 05P023
AGENCY: Secretary of State, Office of Professional Regulations
CONCISE SUMMARY: The rules are re-drafted to clarify responsibilities of licensees, apprentices, and applicants, and to respond to changes in the professions since the previous rules were enacted. The rules are enacted pursuant to the Board's duty to protect the health, safety and welfare of the public.
TYPE OF PERSONS AFFECTED: Licensed practitioners, cosmetology schools, the Office of Professional Regulation, hospitals, nursing homes and other similar entities in which licensed practice occurs, and the general public who are the recipients of licensed services.
COST BENEFIT ANALYSIS: Rules should have nominal, if any, economic impact on current practitioners. The requirement of a separate entry and bathroom for new licensed shops in homes, Rule 9.2(e) codifies what many in the profession assumed was the standard practice, and which is seen as a necessary health and safety element for this type of business.
SCHEDULED HEARINGS: The hearing will be 9:00 a.m. August 15, 2005 at the Secretary of State's Offices at the Redstone Building 26 Terrace St., Montpelier
DEADLINE FOR PUBLIC COMMENT: September 2, 2005
FOR FURTHER INFORMATION, CONTACT: Carla Preston, OPR, Secretary of State, 26 Terrace St. Montpelier, VT 05609-1101 828-2875
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Administrative Rules for Board of Dental Examiners
Vermont Proposed Rule: 05P024
AGENCY: Secretary of State, Office of Professional Regulations
CONCISE SUMMARY: This is a complete revision of the rules relating to dentists, hygienists, and dental assistants. The rules include new provisions for sedation and anesthesia. The rules outline requirements for licensure and registration, outline procedures employed in application and disciplinary proceedings, and set standards for use of various sedation and anesthesia drugs.
TYPE OF PERSONS AFFECTED: Dentists, hygienists, dental assistants, and future applicants to those professions, educational institutions providing training to dentists, hygienists and dental assistants, and health care organizations and others employing members of these professions. The rules are enacted pursuant to the Board's responsibility to protect the public health, safety and welfare.
COST BENEFIT ANALYSIS: There should be nominal, if any, impact as the rules require only that persons electing to offer certain professional services do so with proper equipment and training.
SCHEDULED HEARINGS: August 10, 2005 at 9:00 a.m. at the Secretary of State offices at the Redstone Building, 26 Terrace Street in Montpelier.
DEADLINE FOR PUBLIC COMMENT: September 2, 2005.
FOR FURTHER INFORMATION, CONTACT: Larry Novins, Office of Professional Regulation, 26 Terrace St. Montpelier, VT 05609-1101, 802-828-2883, or (subject line: Dental Rules)
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Vermont Use of Public Waters Rules -- 2005 Proposed Amendments
Vermont Proposed Rule: 05P025
AGENCY: Vermont Natural Resources Board, Water Resources Panel
CONCISE SUMMARY: (1) Rules requested by petitions would (a) extend to January 1, 2011 the City of Newport's existing delegated authority to regulate moorings in all public waters in Lake Memphremagog, the Clyde River, and the Black River within the city limits, (b) prohibit personal watercraft on Echo Lake in the Town of Charleston, (c) prohibit vessels powered by internal combustion motors on Silver Lake in the Town of Barnard, and (d) prohibit vessels with motors exceeding 15 horsepower on Somerset Reservoir in the Towns of Somerset and Stratton. (2) Rules on the Water Resources Panel's own motion would reflect statutory changes (2004 VT. Acts and Resolves No. 115) eliminating the Vermont Water Resources Board, creating the Vermont Natural Resources Board, and removing the requirement that petitions to amend the Use of Public Waters Rules be filed by at least ten freeman or a municipal body.
TYPE OF PERSONS AFFECTED: The people, enterprises, and government entities potentially affected by the proposed rules include persons who use the affected bodies of water for recreational or other purposes; riparian or littoral property owners; persons who own personal watercraft, vessels powered by internal combustion motors, vessels powered by motors exceeding 15 horsepower, or vessels that moor or anchor within the city limits of the City of Newport; businesses dependent on the recreational uses of the affected bodies of water, including marinas and retailers and manufacturers of personal watercraft, motors or motorboats generally, and motors or motorboats greater than 15 horsepower; the municipalities in which the affected waters are located; the Vermont Department of Public Safety; the Vermont Agency of Natural Resources; and future petitioners under the Use of Pubic Waters Rules.
COST BENEFIT ANALYSIS: City of Newport: The proposed rule continues a rule that has been in effect for five years, and no economic impact is therefore anticipated. Echo Lake: Because personal watercraft (PWC) would continue to be authorize on nearby water bodies, the proposal to prohibit PWC from Echo Lake is expected to have only a minimal affect on PWC manufacturers and retailers. Silver Lake: The proposal to ban motorboats may impact Silver Lake State Park and water skiers and littoral owners with motorboats, although this small lake cannot accommodate many motorboats. Somerset Reservoir: The effect of prohibiting motors exceeding 15 horsepower will likely be minimal because these motors are permitted on nearby Harriman Reservoir and because littoral properties are undeveloped. The housekeeping changes to the rules will facilitate their use and will have little or no economic impact. By minimizing use conflicts, any adopted rules will be intended to enhance recreational uses of the affected bodies of water.
SCHEDULED HEARINGS: In re City of Newport, No. UPW-05-01: Tuesday, July 19, 2005 beginning at 6:00 p.m., at the Emory Hebard State Office Building, Vincent Illuzzi Conference Room, 100 Main Street, Room 250, Newport, Vermont. In re Echo Lake No. UPW-05-02: Tuesday, July 19, 2005 beginning at 7:00 p.m., at the Emory Hebard State Office Building, Vincent Illuzzi Conference Room, 100 Main Street, Room 250, Newport, Vermont. In re Silver Lake, No. UPW-05-03: Thursday, August 11, 2005, beginning 7:00 p.m., at the Town of Barnard Town Hall, 115 North Road, Barnard, Vermont. In re Somerset Reservoir, No. UPW-05-04: Tuesday, August 9, 2005, beginning at 7:00 p.m., at the Twin Valley High School, Gym, 1 School Street, Wilmington, Vermont. In re General Amendments, No. UPW-05-05: Hearings on the general amendments to the rules will be combined with the three 7:00 p.m. hearings on the lake-specific rules.
DEADLINE FOR PUBLIC COMMENT: September 1, 2005.
FOR FURTHER INFORMATION, CONTACT: Karen Dupont, Administrative Secretary, Vermont Natural Resources Board National Life Records Center Drawer 20, Montpelier, VT 05620-3201 802-828-2870
Return to the 2005 date selection page for more weekly notices or choose from the links in the left sidebar for notices from a different year.
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- If you have general questions about the rulemaking process, please contact
- Louise Corliss by e-mail at or by phone 802-828-2863

