Skip Maine state header navigation

Agencies | Online Services | Help

APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

January 10, 2001
as posted in 5 daily Maine newspapers

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


PROPOSALS

AGENCY: 90-351 - Workers' Compensation Board

RULE TITLE OR SUBJECT: Ch. 2, Section 213 Compensation for Partial Incapacity; Section 2(4), Extension of 260-week limitation
PROPOSED RULE NUMBER: 2000-P297
CONCISE SUMMARY: The rule provides a 52-week extension for partial incapacity benefits pursuant to 39-A MRSA 213(4).
STATUTORY AUTHORITY: 39-A MRSA 152(2) & 213(4)
PUBLIC HEARING: Wednesday, January 31, 2001, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine

RULE TITLE OR SUBJECT: Ch. 6, Rehabilitation
PROPOSED RULE NUMBER: 2000-P298
CONCISE SUMMARY: This rule establishes a procedure for resolving disputes regarding entitlement to vocational rehabilitation services.
STATUTORY AUTHORITY: 39-A MRSA 152(2) & 217
PUBLIC HEARING Thursday, February 1, 2001, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
DEADLINE FOR COMMENTS: Monday, February 12, 2001, 5:00 p.m.
AGENCY CONTACT PERSON: John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: 207-287-7094


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 22, Home and Community Based Waiver Services for the Physically Disabled
PROPOSED RULE NUMBER: 2001-P1
CONCISE SUMMARY: This proposed rule is a major revision. It includes, but is not limited to, a rate increase for personal care attendants, updated definitions, requirements for consumer instruction, elimination of the distinction between night and day attendant services, expansion of allowable household services, clarification of consumer eligibility requirements.
PUBLIC HEARING:
Date: January 29, 2001, 11:30 a.m.
Location: Kennebec-Penobscot Room, 1st Floor, Augusta Civic Center, 76 Community Drive, Augusta, ME 04333
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 15, 2001.

RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. II & III, Section 12, Consumer Directed Attendant Services
PROPOSED RULE NUMBER: 2001-P2
CONCISE SUMMARY: This proposed rule is a major revision. It includes. but is not limited to, a rate increase for personal care attendants, updated definitions, requirements for consumer instruction, elimination of the distinction between night and day attendant services, expansion of allowable household services, clarification of consumer eligibility requirements.
PUBLIC HEARING:
Date: January 29, 2001, 9:00 a.m.
Location: Kennebec-Penobscot Room, 1st Floor, Augusta Civic Center, 76 Community Drive, Augusta, ME 04333
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 15, 2001.

DEADLINE FOR COMMENTS: February 20, 2001
STATUTORY AUTHORITY: 22 MRSA 42, 3173
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333
TELEPHONE: 207-624-5516
TTY: 1-800-423-4331 or 207-287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
RULE TITLE OR SUBJECT: Ch. 5, Bureau of Elder and Adult Services Policy Manual
PROPOSED RULE NUMBER: 2001-P3
CONCISE SUMMARY: This rule proposes amendments to Section 73, Personal Care Assistance for Severely Physically Disabled Adults, of the Bureau of Elder and Adult Services Policy Manual. They include, but are not limited to, reorganization of the section to make it consistent with other consumer-directed home care programs, the addition of Task Time Allowances and amendments to the definition, eligibility, covered services and non-covered services parts of the section.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 312, 5107-C et seq.
PUBLIC HEARING: January, 29, 2001, 2:00 p.m., Kennebec/Penobscot Room, 1st floor, Augusta Civic Center. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below by January 15, 2001.
DEADLINE FOR COMMENTS: Written comments will be accepted until 5:00 p.m., February 9, 2001.
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station (35 Anthony Avenue), Augusta, ME 043333-0011
TELEPHONE: (207) 624-5335 or 1 (800) 262-2232
TTY: (207) 624-5442 or 1 (888) 720-1925


ADOPTIONS

AGENCY: 04-061 - Department of Conservation, Maine Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts & Standards
ADOPTED RULE NUMBER: 2000-561
CONCISE SUMMARY: The Commission's Comprehensive Land Use Plan (adopted in March, 1997) outlined a program of local and regional planning to update its land use districts and standards so that 20-year plans for development could be crafted. This, the first such plan, is proposed for a ten-town area in Franklin and Oxford County. This region has seen a large portion of the jurisdiction's development in the last twenty years, and was named in the CLUP as an area that would benefit from such a local plan and standards.
EFFECTIVE DATE: January 1, 2001
AGENCY CONTACT PERSON: Andrew C. Fisk
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, State House Station #22, Augusta, Maine 04333
TELEPHONE: 207-287-4937
E-MAIL: Andrew.c.fisk@maine.gov


AGENCY: 10-148 - Department of Human Services, Bureau of Child & Family Services
CHAPTER NUMBER AND TITLE: Ch. 21, Rules for the Provision of Payments for Residential Programs Serving Children
ADOPTED RULE NUMBER: 2000-562
CONCISE SUMMARY: These rules describe the requirement for contract development, rate development, and payments to children's residential facilities.
EFFECTIVE DATE: January 1, 2001
AGENCY CONTACT PERSON: Marie P. Hodgdon
AGENCY NAME: Department of Human Services, Bureau of Child & Family Services
ADDRESS: 221 State Street, Augusta, Maine 04333
TELEPHONE: 287-5283
TDD: 287-5048


AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles

CHAPTER NUMBER AND TITLE: Ch. 156, Fee Structure for Over Dimensional and Overweight Loads, Along with State Police Escort Fee
ADOPTED RULE NUMBER: 2000-563
CONCISE SUMMARY: This rule establishes permit fees on over dimensional and overweight non-divisible loads as provided in Title 29-A 2382, Maine Revised Statutes.

CHAPTER NUMBER AND TITLE: Ch. 157, The Administration of Over Dimension and Overweight Permits
ADOPTED RULE NUMBER: 2000-564
CONCISE SUMMARY: This rule amendment supports recent legislation to allow for permits to be issued on a long term basis for certain overweight vehicles transporting non-divisible loads. It will also reorganize the rule in a more concise format.

EFFECTIVE DATE: January 2, 2001
AGENCY CONTACT PERSON: Maurice J. Dionne, Jr.
AGENCY NAINIE: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: (207) 624-9000 ext. 52127


AGENCY: 12-179 - Department of Labor, Bureau of Labor Standards, Board of Occupational Safety and Health
CHAPTER NUMBER AND TITLE: Ch. 2, Occupational Safety and Health Standards for General Employment in the Public Sector
ADOPTED RULE NUMBER: 2000-565
CONCISE SUMMARY The purpose of this Chapter is to incorporate by reference rules governing Occupational Safety and Health in general employment. The Board is considering adoption of OSHA directive number CPL 2-2, 44D issued 11/05/99*.
*To interpret the OSHA bloodborne pathogen regulation.
EFFECTIVE DATE: January 2, 2001
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406


AGENCY: 10-149 - Department of Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 2000-566
CONCISE SUMMARY: The changes in this adopted rule include, but are not limited to, an update of Adult Protective Services (Section 15) to comply with amendments in the Consent Decree; amendments to the appeal process (Section 40); reorganization of Home Based Care rules (Section 63) and amendments and additions to the definition, eligibility, voucher, covered services and quality assurance rules of that section; amendments to Sections 61 (Adult Day Services), 62 (Congregate Housing Services), 68 (Respite Care for People with Alzheimer's or Related Disorders) and 69 (BEAS Administered Homemaker Services) to make them consistent with the changes made to Section 63; the addition of Section 74 for Assisted Living; and repagination of the manual. Section 74 will not become effective until July 1, 2001.
EFFECTIVE DATE : January 2, 2001
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5335
TOLL FREE: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - SSI COLA Increase - 2001
ADOPTED RULE NUMBER: 2001-5
CONCISE SUMMARY: As of 1/1/01, this rule, which shows a 3.5% COLA increase in SSI benefits, changes the following monthly income amounts used in Medicaid: (1) The monthly income limit for Home Based Waivers, Katy Beckett coverage and the categorical income limit for nursing care is changed from $1,536 to $1,590. (2) The income limit for the State Supplement for an individual living at home changes for $522 to $540 and for a couple, the change is from $784 to $811. Also, as of I/1/01, this rule increases the amount of protected assets for the community spouse of a nursing home applicant. The new amount of $87,000. The maximum monthly income allocation to be community spouse from the nursing home applicant increases to $2,175. The Q1 2 payment for 2001 will be $34.08 for 1 person, $74.16 for 2.
EFFECTIVE DATE: January, 2001
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


Return to the Online Rules Home Page.
Return to the APA Office Page.
Return to the Division of Rules, Commissions and Administration Home Page.
Return to the Bureau of Corporations, Elections and Commissions Home Page.
Return to the Department of the Secretary of State Home Page.
Go to the State of Maine Home Page