Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

January 15, 2003
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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III, Section 104, School Based Rehabilitative Services
PROPOSED RULE NUMBER: 2002-P337
CONCISE SUMMARY: This rule change is being proposed to increase rates to account for inflation associated with increased costs incurred since January 1, 2001.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Law 2001, Ch. 714, Part A, 22 MRSA 42, 3173
PUBLIC HEARING: 9 a.m., February 3, 2003, Bureau of Medical Services, 422 Civic Center Drive, Augusta, Maine, 04333
DEADLINE FOR COMMENTS: February 14, 2003
AGENCY CONTACT PERSON: Gregory Nadeau, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367
TTY: 1 (800) 423-4331 (Deaf/Hard of Hearing) or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual - Expansion of the 15% Exemptions for ABAWD Rules
PROPOSED RULE NUMBER: 2003-P2
CONCISE SUMMARY: With this rule there will be an expansion of the exemptions for Able Bodied Adults Without Dependents (ABAWDS). ABAWDS have to meet two separate and distinct work requirements. The ABAWD requirement is time limited. Unless exempt, they can only receive Food Stamps for a 3 months out of a 36 month time period. The Department of Human Services can exempt ABAWDS from this work requirement for up to a certain limit. The Department has a large number of unused exemptions. This policy will exempt all ABAWDS who have had 3 countable months of Food Stamps in their specific 36 month period and who are unable to meet any other exemption. This rule will, in effect, end the closures for not meeting ABAWD work requirements for all ABAWDS until such time as the Department determines there is no longer an abundance of unused exemptions. ABAWDS will still need to fulfill normal work requirements unless exempt from those rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3104
PUBLIC HEARING): None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 14, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III, Section 67, Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 2003-P3
CONCISE SUMMARY: This rule proposes changes to the MaineCare Principles of Reimbursement for Nursing Facilities to enable publicly owned Nursing Facilities to be eligible for reimbursement up to the Medicare rates. This change will maximize federal reimbursement for publicly owned Nursing Facilities. This rule proposes changes which were adopted as an emergency rule to comply with the Governor's Executive Order No. 04 FY 02/03 signed December 24, 2002. Additional proposed changes include requirements for counting days under "waiting placement" for purposes of computing the case mix index; and deleting Section 121, Certificate of Need Extraordinary Circumstance Allowance.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: Tuesday, February 4, 2003, 1 p.m., Conf. Room 1-A, Bureau of Medical Services, DHS, 442 Civic Center Drive, Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through February 14, 2003.
AGENCY CONTACT PERSON: Marianne Ringel, Director
AGENCY NAME: Policy Development, Bureau of Medical Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9371 or 1 (800) 321-5557 option 9
DEAF/ HARD OF HEARING TTY#: (207) 287-1828 or TTY# 1 (800) 423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Wastewater & Plumbing Control Program
RULE TITLE OR SUBJECT: Ch. 241, Subsurface Wastewater Disposal Rules
PROPOSED RULE NUMBER: 2003-P4
CONCISE SUMMARY: The Department of Human Services proposes to clarify language and refine procedures in the current rules related to design and construction of onsite wastewater disposal rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42
PUBLIC HEARING: Tuesday, February 4, 2003, Augusta Pine Tree State Arboretum, Augusta ME, 10 a.m.-12 noon.
DEADLINE FOR COMMENTS: February 14, 2003
AGENCY CONTACT PERSON:
NAME: Russell Martin, Program Manager, Wastewater Program
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta, Maine 04333-0010
PHONE: (207) 287-4735
TTY: (207) 287-2070


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1.02, Ice Fishing
ADOPTED RULE NUMBER: 2003-1
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted regulation changes for the current ice fishing season as follows: Beech Hill Pond in Otis - Daily bag limit on togue: 6 fish; minimum length limit on togue: 14 inches, only 1 may exceed 23 inches (all other regulations remain unchanged). Cold Stream Pond in Enfield, Daily bag limit on togue: 5 fish; minimum length limit on togue: 14 inches (all other regulations remain except that the 2-line restriction has been repealed).
EFFECTIVE DATE: January 7, 2003
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 18-125 - Department of Administrative and Financial Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2003
ADOPTED RULE NUMBER: 2003-2
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax law. This rule is applicable for tax year 2003.
EFFECTIVE DATE: January 8, 2003
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, P.O. Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: (207) 287-2013


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, Maine Medicaid Eligibility Manual: Coverage of Individuals Age 21 to 64
ADOPTED RULE NUMBER: 2003-3
CONCISE SUMMARY: This rule establishes a new MaineCare coverage group. Effective October 1, 2002 individuals age 21 through 64 can enroll in MaineCare if they meet income and asset guidelines as well as basic eligibility requirements such as providing a Social Security number and assigning rights to medical support. Up to this time, an individual had to fit into a certain category in order to enroll in MaineCare. This excluded childless individuals age 21-64 who were not disabled or pregnant.
EFFECTIVE DATE: January 8, 2003
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 207, Real Estate Transfers
ADOPTED RULE NUMBER: 2003-4
CONCISE SUMMARY: The rule has been amended in order to address the "controlling interest" real estate transfer tax recently enacted by the Legislature and effective for transfers occurring on or after June 1, 2002. The tax applies to transfers or acquisitions of a controlling interest in an entity with a fee interest in real property located in this state. The amended rule provides relevant definitions, explanations of various aspects of the tax, and examples of how the tax applies to certain hypothetical factual scenarios.
EFFECTIVE DATE: 2003-4
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 613, Amendment 2: The Quality Child Care Education Scholarship Program
ADOPTED RULE NUMBER: 2003-5
CONCISE SUMMARY: This rule amendment implements various changes to the student and institution eligibility provisions in an effort to simplify program administration for the schools, students, and the Authority. Miscellaneous clarifications of terms used were also made.
EFFECTIVE DATE: January 12, 2003
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 03-201 - Department of Corrections

RULE TITLE OR SUBJECT: Ch. 10, Subsection 29.1, Policy and Procedures Manual: Client Grievance Rights, Grievance Process, General
ADOPTED RULE NUMBER: 2003-7
CONCISE SUMMARY: The proposed revisions to the Policy & Procedure is to designate the general issue grievance process for the purposes of maintaining orderly management and promoting safety and security for the MDOC correctional facilities.

RULE TITLE OR SUBJECT: Ch. 10, Subsection 29.2, Policy and Procedures Manual: Client Grievance Rights, Grievance Process, Medical and Mental Health
ADOPTED RULE NUMBER: 2003-8
CONCISE SUMMARY: The proposed revisions to the Policy & Procedure is to designate the Medical and Mental Health issue grievance process for the purposes of maintaining orderly management and promoting safety and security for the MDOC correctional facilities.

EFFECTIVE DATE: January 13, 2003
AGENCY NAME: Maine Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 36, Farms for the Future Program
ADOPTED RULE NUMBER: 2003-9
CONCISE SUMMARY This rulemaking amends the rules governing administration of the Maine Farms for the Future Program. The program assists farm businesses, which are under pressure of closing due to adjacent development, in making and implementing business plans to keep the farm economically viable. The program develops a list of service providers who may help the farm, establishes what the farm must do to develop and implement a business plan, and establishes the criteria and selection process to access grant funds in exchange for entering into farmland protection agreements with the State. This amendment clarifies the procedure for applying for the program, clarifies the contractual arrangement between the state and grantee when entering into farmland protection agreements, and amends the point system for selection of proposals in the competitive grant process.
EFFECTIVE DATE: January 13, 2003
AGENCY CONTACT PERSON: Mary Ellen Johnston, Director
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3491


Corporations Uniform Commercial Code Elections APA Rules Notaries Boards & Commissions
Home Archives Bureau of Motor Vehicles Corporations, Elections and Commissions What's New Secretary's Desk Kid's Page
© Department of the Secretary of State