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Weekly Rulemaking Notices Contact Us Find It

January 16, 2002
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: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 700, Worker's Compensation Apportionment Arbitration
PROPOSED RULE NUMBER: 2002-P8
CONCISE SUMMARY: The purpose of these proposed amendments is to repeal the rule as the underlying statutory authority for the Rule has been repealed. The administration of the substantive program has been transferred to the Maine Worker's Compensation Board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This action is proposed to be taken without hearing, pursuant to 5 MRSA 8053(l).
PUBLIC HEARING: There will be no public hearing unless requested by 5 or more people.
DEADLINE FOR COMMENTS; 5:00 p.m., February 15, 2002
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 130, Rules for Equivalent Instruction Programs
PROPOSED RULE NUMBER: 2002-P9
CONCISE SUMMARY: This chapter outlines the procedures and standards governing the Commissioner's approval of proposed equivalent instruction programs through home instruction, commonly referred to as "homeschooling," pursuant to 20-A MRSA 5001-A(3)(A).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 5001-A(3)(A)
PUBLIC HEARING): February 8, 2002, 1:00 - 3:00 p.m., Jewett Hall Auditorium (Room 156), The University of Maine at Augusta, University Drive, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m., February 18, 2002
AGENCY CONTACT PERSON: Edwin N. Kastuck, Ph.D.
AGENCY NAME: Maine Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6776


AGENCY: 02-029 - Department of Professional & Financial Regulation, Bureau of Financial Institutions
RULE TITLE OR SUBJECT: Ch. 118, Deposit Account Disclosures
PROPOSED RULE NUMBER: 2002-P10
CONCISE SUMMARY: This rule revision eliminates the requirement of financial institution to forward schedules of new or increased deposit account charges to the Bureau. Copies of this rule may be obtained, and electronic comments may be filed, by accessing the Bureau of Financial Institutions Internet Home Page at www.MaineBankingReg.org.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 9-B Section 241(l), (5); 12 U.S.C. 4310 Section 271; 12 CFR Part 230; 12 CFR Part 707
PUBLIC HEARING None Scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 15, 2002
AGENCY CONTACT PERSON:
NAME: Martine Ortiz, Staff Attorney
ADDRESS: Bureau of Financial Institutions, 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering

RULE TITLE OR SUBJECT: Ch. 241, Rules of Subsurface Wastewater Disposal Systems
PROPOSED RULE NUMBER: 2002-P11
CONCISE SUMMARY The proposed minor modifications to the rules governing the design and installation of subsurface wastewater disposal systems will clarify the intent of several sections.

RULE TITLE OR SUBJECT: Ch. 242, Rules for Conversion of Seasonal Dwelling Units into Year-Round Residences in the Shoreland Zone
PROPOSED RULE NUMBER: 2002-P12
CONCISE SUMMARY: This rule modification to the requirements for conversion of seasonal dwelling units into year-round residences if the system serving the structure is within the shoreland zone areas of major waterbodies/courses matches the definition of a principal dwelling to that contained in the statues.

RULE TITLE OR SUBJECT: Ch. 245, Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
PROPOSED RULE NUMBER: 2002-P13
CONCISE SUMMARY These rules set the minimum standards for licensing of individuals to design subsurface wastewater disposal systems (septic tanks and absorption fields) for safe onsite disposal of domestic sewage and non-industrial wastewater.

RULE TITLE OR SUBJECT: Ch. 240, Appointment And Administration of Local Plumbing Inspectors
PROPOSED RULE NUMBER: 2002-P14
CONCISE SUMMARY This rule modification will require municipalities to notify The Department when a Local Plumbing Inspector's appointment is terminated.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42
PUBLIC HEARING: February 5, 2002, Augusta Elks Lodge, Civic Center Drive, Augusta, 10 a.m - 12 p.m.
DEADLINE FOR COMMENTS: February 15, 2002
AGENCY CONTACT PERSON:
NAME: Russell G. Martin, Program Manager, Wastewater & Plumbing Program
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta, ME 04333
E-MAIL: Russell.Martin@maine.gov
PHONE: (207) 287-4735
TTY: (207) 287-2070
FAX: (207) 287-3165


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 5, Medical Fees: Reimbursement Levels; Reporting Requirements
PROPOSED RULE NUMBER: 2002-P15
CONCISE SUMMARY: This chapter outlines billing procedures and reimbursement levels to health care providers and sets standard's for health care reporting. The Board is amending the medical fee schedule to incorporate the 2002 Physician's Current Procedural Terminology and the 2002 Medicare RBRVS: The Physician's Guide; and proposing to include Acupuncturist as a Health Care Provider/Practitioner. This proposal also removes language in 6(8) that was included in the last printing of the rule but has not been adopted by the Board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 39-A MRSA 152(2)
PUBLIC HEARING: Thursday, February 14, 2002, 9:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: February 25, 2002, 5:00 p.m.
AGENCY CONTACT PERSON: Melinda Porter, Administrative Assistant
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: (207) 287-7080


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

RULE TITLE OR SUBJECT: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals
PROPOSED RULE NUMBER: 2002-P16
CONCISE SUMMARY: The addition of Ch. VI.R., The Governing Board-Visiting Hours, will reflect current practices for patient's rights in hospitals today. These changes will mandate hospitals to have a process by which the patient may designate the name(s) of an individual(s), not legally related by blood or marriage, to visit in a critical care unit or in an emergency room, other than immediate family.
The addition of Ch. VI.S., Identification Badges, an already existing rule, will include the regulation back into the regulation set, as it was deleted previously due to a printing error.
STATUTORY AUTHORITY: Ch. 373, Public Law Sec. I, 22 MRSA 1711-D

RULE TITLE OR SUBJECT: Ch. 119, Regulations Governing the Licensing and Functioning of Home Health Care Services
PROPOSED RULE NUMBER: 2002-P17
CONCISE SUMMARY: These proposed rules are established to provide for the revision of existing rules. They reflect current Federal requirements for patient rights on the availability of the Long Term Care Ombudsman Program to aide consumers concerning their rights and answer any consumer questions.
STATUTORY AUTHORITY: 22 MRSA 2141 et seq.

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DATE(S)/PLACE(S) OF HEARING(S): No public hearing unless five (5) or more requests are received by the Division of Licensing and Certification.
DEADLINE FOR COMMENTS: February 16, 2002
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
FAX: (207) 624-5386
TTY - DEAF/HARD OF HEARING: (207) 624-5512


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Regulations (13.06, Waterskiing)
PROPOSED RULE,NUMBER: 2002-P18
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has been petitioned to amend the rule pertaining to waterskiing which requires that a person, at least 12 years of age, be in the watercraft to observe the person or persons being towed. The petition requests the following exception be adopted: a watercraft towing a person on water-skis, surfboard or other similar devices in a regulation slalom course (as defined by Bureau of Parks and Lands regulations) that is equipped with a rear-view ski mirror for observing the person being towed is exempt.
STATUTORY AUTHORITY: 12 MRSA 7035, 7792
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: February 15, 2002
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
E-MAIL: Andrea.Erskine@maine.gov


AGENCY: 10-144 - Department of Human Services, Bureau of Health
RULE TITLE OR SUBJECT: Ch. 296, Patient Education Brochure on Dental Amalgam and Alternatives
PROPOSED RULE NUMBER: 2001-P19
CONCISE SUMMARY: When a dental patient needs to have a tooth filled, there are choices in filling materials available. Information is available to help the patient make the choice that is best for his or her own overall health and oral health. This brochure describes common filling materials and the relative advantages and disadvantages of each, in terms of overall health, oral health, and environmental concerns.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2001 Ch. 385 (LD 1409)
PUBLIC HEARING: February 4, 2002, 1:00 - 3:00 p.m., Pine Tree State Arboretum, 153 Hospital St., Augusta, ME
DEADLINE FOR COMMENTS; February 19, 2002
AGENCY CONTACT PERSON: Judith Feinstein, Oral Health Program
AGENCY NAME: Bureau of Health, ME Department of Human Services
ADDRESS: 11 State House Station, Key Plaza, 4th Floor, Augusta, ME 04333
TELEPHONE: (207) 287-2361


ADOPTIONS

No adoptions this week.


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