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Weekly Rulemaking Notices Contact Us Find It

February 6, 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: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 612, Maine Dental Education Loan and Loan Repayment Programs, Amendment 1
PROPOSED RULE NUMBER: 2002-P27
CONCISE SUMMARY: This rule amendment establishes the criteria to be met by dentists and changes the application date for individuals applying for a loan to pursue dental education.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 961 and 20-A MRSA Ch. 426
PUBLIC HEARING: None unless requested by five (5) or more interested parties.
DEADLINE FOR COMMENTS: Written comments are requested on or before March 11, 2002.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, 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
FAX: (207) 623-0095


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Eating and Lodging Program
RULE TITLE OR SUBJECT: Ch. 205, Rules Relating to Lodging Establishments
PROPOSED RULE NUMBER: 2002-P28
CONCISE SUMMARY: The Department of Human Services proposes to clarify lodging rule provisions, previously outlined in the Eating and Lodging Rules, by establishing this new chapter exclusively for the regulation of lodging establishments. The Eating Rules portion of the Eating and Lodging Rules was superceded by the newly adopted Food Code in May of 2001.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2491-2501
PUBLIC HEARING: Tuesday, February 26, 2002, Pine Tree State Arboretum, 9:00 a.m. - 12:00 Noon
DEADLINE FOR COMMENTS: March 8, 2002
AGENCY CONTACT PERSON:
NAME: Rebecca Vigue, Manager
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta, Maine 04333-0010
PHONE: (207) 287-1978
TTY: (207) 287-2070


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. III, Section 111, Substance Abuse Treatment Services
PROPOSED RULE NUMBER: 2002-P29
CONCISE SUMMARY: This proposed rule will change rates for Masters level social workers and Masters level psychiatric nurses in order to make their rates comparable to other Masters level professionals who deliver substance abuse services. Various coding changes have also been made.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 13173
PUBLIC HEARING: None is scheduled unless five (5) or more people request a hearing in writing to the agency contact person listed below before the comment deadline.
DEADLINE FOR COMMENTS: March 15, 2002
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Medicaid Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5517
FAX: (207) 624-5524
TTY: (207) 287-1828 (Deaf/Hard of Hearing) or 1 (800) 423-4331(Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 8, Endangered Species
PROPOSED RULE NUMBER: 2002-P30
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has scheduled public hearings to consider (1) 117 additions to areas protected as bald eagle nest sites; (2) 64 deletions of previously designated Essential Habitats for bald eagles; and (3) 4 relocations of previously designated Essential Habitats for bald eagles.
One or more new bald eagle nest sites are being designated in the towns of Attean Twp., Auburn, Augusta, Bar Harbor, Bath, Beals, Belgrade, Benton, Big Moose Twp., Blue Hill, Boothbay, Bowdoinham, Brooksville, Brunswick, Bucksport, Burnham, Calais, Camden, Caratunk, Carrying Place Twp., Castine, Chester, Chesterville, Chesuncook Twp., Cranberry Isles, Cutler, Damariscotta, Dead River Twp., Deer Isle, Dennysville, Dexter, Durham, Eagle Lake Twp., East Machias, East Middlesex Canal Grant, East Millinocket, Eddington, Edinburg, Ellsworth, Enfield, Fairfield, Fort Fairfield, Freeport, Frenchboro, Friendship, Gardiner, Gouldsboro, Greene, Hallowell, Hancock, Harrington, Hartland, Holden, Hudson, Indian Twp., Isle au Haut, Islesboro, Jonesboro, Jonesport, Kineo Twp., Lincoln, Lincolnville, Linneus, Lisbon, Litchfield, Machiasport, Madison, Mattamiscontis Twp., Mattawamkeag, Monmouth, Mount Vernon, Newcastle, Norridgewock, Oakfield, Orrington, Osborn, Passadumkeag, Pembroke, Perry, Phippsburg, Pittsfield, Pittston, Pittston Academy Grant, Portage Lake, Rockwood Strip T1 Rl, Rockwood Strip T2 Rl, Rome, Roque Bluffs, Roxbury, Sandwich Academy Grant, Sapling Township, Searsmont, Searsport, Sedgwick, Smithfield, Soper Mountain Twp., Spencer Bay Twp., Starks, Steuben, Stonington, Sullivan, Swans Island, TA R7 WELS, T1 R5 WELS, T1 R9 WELS, T1 R12 WELS, T4 R9 NWP, T7 R14 WELS, T8 R7 WELS, T9 R15 WELS, T10 R9 WELS, T11 R8 WELS, T12 R8 WELS, T14 R6 WELS, T17 R4 WELS, T18 ED BPP, T27 ED BPP, T41 MD, Topsham, Tremont, Trenton, Unity, Vassalboro, Vienna, Vinalhaven, West Gardiner, Winter Harbor, Winterport, Winthrop, Woodville, and Woolwich.
One or more previously designated Essential Habitats for bald eagles are being deleted in the towns of Alna, Argyle Twp., Bar Harbor, Baring Plt., Bath, Beals, Bowdoinham, Brooksville, Brunswick, Chester, Deer Isle, Dexter, Dresden, Eagle Lake Twp., Eastbrook, Eastport, Edmunds Twp., Ellsworth, Enfield, Flagstaff Twp., Frankfort, Franklin, Gouldsboro, Greenbush, Hancock, Harrington, Indian Twp., Jonesport, Lincoln, Lovell, Machias, Machiasport, Magalloway Plt., Marion Twp., Millinocket, Mount Desert, Newcastle, Newport, Pembroke, Perkins Twp., Perry, Phippsburg, Portage Lake, Soper Mountain Twp., Sorrento, Spencer Bay Twp., Square Lake Twp., Steuben, Stonington, T2 R8 NWP, T2 R12 WELS, T4 Indian Purchase, T5 ND BPP, T6 ND BPP, T7 R15 WELS, T9 R12 WELS, T10 RI I WELS, T14 R6 WELS, T27 ED BPP, T40 MD, T42 MD BPP, Topsham, Vinalhaven, Winter Harbor, Winterport, and Woolwich.
Four previously designated Essential Habitats for bald eagles are being remapped in the towns of Beddington, Gouldsboro, T4 R9 NWP, and T17 R4 WELS.
Designation of mapped sites by rule would require evaluation by Inland Fisheries and Wildlife of any projects partly or wholly within these areas that require state or local permits, or are funded by or carried out by state or local governments, to determine if the projects would significantly alter or unreasonably harm the Essential habitat. Notification and maps of proposed areas have been sent to all known affected landowners.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035, 7753, 7754.
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: March 8, 2002
AGENCY CONTACT PERSON: Written comments should be directed to Andrea Erskine, Maine Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041, or by e-mail to andrea.erskine@maine.gov or by FAX to (207) 287-6395.


AGENCY: 18-389 - Department of Administrative and Financial Services, Bureau of Human Resources
RULE TITLE OR SUBJECT: Ch. 15 (new), The Maine Management Service, Civil Service Rules
PROPOSED RULE NUMBER: 2002-P31
CONCISE SUMMARY: The amendment adds a new chapter to the current Civil Service Rules establishing the Maine Management Service that is specific to confidential management and executive positions in State Government. It provides greater flexibility and responsibility for managers in hiring, employee development, career advancement, and performance management. Amendment impacts only confidential managers and executives who are excluded from collective bargaining; who directly manage public service programs; who serve as managers or consultants in administrative functions, such as finance, human resources, or general business management; or, lacking direct managerial responsibilities, who provide advice and assistance to executive leadership as a member of senior management, and/or represents an agency on boards, commissions, or before the Legislature.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON. MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 7036, sub-17
PUBLIC HEARING: February 28, 2002, 1:30 - 3:30 p.m., Room 209, Augusta Armory, 187 Western Avenue, Augusta, ME
DEADLINE FOR COMMENTS: March 13, 2002
AGENCY CONTACT PERSON: Philip J. Schlegel, Merit System Coordinator, Bureau of Human Resources
ADDRESS: Bureau of Human Resources, 4 State House Station, Augusta, ME 04333-0004
TELEPHONE: (207) 624-7369


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #02-02
ADOPTED RULE NUMBER: 2002-32
CONCISE SUMMARY: Minimum February, 2002 Class I price is $15.20 plus $.15/cwt. Producer Cost of Production and an over order premium of $1.00/cwt. as being prevailing in southern New England for a total of $16.35. Class II minimums set at $12.76 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices. Minimum Prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: February 1, 2002
February 1, 2002
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2002-33
CONCISE SUMMARY This amendment raises licensing fees for interpreters and transliterators of American Sign Language and English. The annual license fee increases from $200 to $300 and the application fee increases from $25 to $50.
EFF'ECTIVE DATE: January 30, 2002
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615


AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration (Interpreters and Transliterators of American Sip Language and English)
CHAPTER NUMBER AND TITLE:
Ch. 50, Definitions
Ch. 51, Requirements for Initial Licensure
Ch. 52, License Renewal and Continuing Education
Ch. 53, Conversion of Registrants to Licensees
Ch. 54, Disclosure Statement
Ch. 55, Complaints and Investigations
ADOPTED RULE NUMBER: 2002-34 through 2002-39
CONCISE SUMMARY: These rules provide for the regulation of interpreters and transliterators for the deaf.
EFFECTIVE DATE: January 30, 2002
AGENCY CONTACT PERSON: Dianne E. Sawyer, Board Administrator
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8617


AGENCY: 17-229 - Maine Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 299, Parts A & B, Highway Driveway and Entrance Rules
ADOPTED RULE NUMBER: 2002-41
CONCISE SUMMARY: Amendments to rules regulating vehicular access to or from any state or state aid highway outside urban compact areas.
EFFECTIVE DATE: February 3, 2002
AGENCY CONTACT PERSON: Kathy Fuller, Assistant Director, Planning
AGENCY NAME: Maine Department of Transportation
ADDRESS: 16 State House Station, Child Street, Augusta, Maine 04333-0016
TELEPHONE: (207) 287-2942


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, Maine Care Benefits Manual (formerly Maine Medical Assistance Manual): Ch. II, Section 80, Pharmacy Services
ADOPTED RULE NUMBER: 2002-42
CONCISE SUMMARY: These proposed rules add coverage of prescriptions for certain over-the-counter drugs for DEL members with specific diagnoses. These changes are mandated as a result of State of Maine legislation that became effective September 21, 2001. Other minor and technical edits include exempting unused controlled substances and inhalers from the list of products that must be returned to pharmacies, when reusable, for residents of NFs, ICFs-MR, and assisted living-facilities.
EFFECTIVE DATE: February 4, 2002
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Programs, Bureau of Medical Services
ADDRESS: #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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