Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

February 13, 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: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 204, Basic Service Calling Area
PROPOSED RULE NUMBER: 2002-P26
CONCISE SUMMARY, This chapter establishes the criteria and the procedures that the Commission and Local Exchange Carriers designated as Eligible Telecommunications Carriers will follow to establish and change basic-service calling areas.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A MRSA 104, 111, 7303-A
PUBLIC HEARING: March 5, 2002 at 9:30 a.m., in the Hearing Room, 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: March 28, 2002
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-1396


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual (a.k.a. Maine Medical Assistance Manual): Ch. II & III, Section 19, Home and Community-Based Services for the Elderly and for Adults with Disabilities
PROPOSED RULE NUMBER: 2002-P32
CONCISE SUMMARY: These proposed rules will replace Chapters II & III, Section 18, Home and Community-Based Waivers Services for Adults With Disabilities, and Chapters II & III, Section 19, Home and Community-Based Waivers Services for the Elderly, into one new Chapter II & III, Section 19, Home and Community-Based Services for the Elderly and for Adults with Disabilities. The proposed changes reflect the current waiver agreements with CMS. Environmental modifications will be a covered service. Procedures are updated. The proposed changes also include some new terms, including the name change from Medicaid to MaineCare.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: March 4, 2002, 1:00 p.m., Bureau of Elder & Adult Services, Large Conference Room, 35 Anthony Ave., Augusta, ME 04333
DEADLINE FOR COMMENTS: Written comments will be accepted through March 15, 2002.
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Bureau of Medical Services, Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5519 or 1 (800) 321-5557 option 1
DEAF/ HARD OF HEARING TTY#: (207) 287-1828 or TTY# 1 (800) 423-4331


AGENCY: 12-172 - Maine Unemployment Insurance Commission
RULE TITLE OR SUBJECT: Amendments to Chapters 3 and 5 of the Rules Governing Administration of the Employment Security Act
PROPOSED RULE NUMBER: 2002-P33 and 2002-P34
CONCISE SUMMARY: The purpose of the amendments is to allow unemployment benefit claimants to file claims and appeals of determinations of their benefits through use of the telephone and other electronic means.
THIS RULE WILL NOT HAVE A FISCAL INVACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 1082(2)
PUBLIC HEARING: There will be no public hearing unless one is requested by five or more people.
DEADLINE FOR COMMENTS: March 15, 2002
AGENCY CONTACT PERSON: John Wlodkowski, Chair
AGENCY NAME: Maine Unemployment Insurance Commission
ADDRESS: 40 Forest Falls Drive, Yarmouth, ME 04096
TELEPHONE: (207) 846-2000


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 323, Electronic Business Transactions Standards
PROPOSED RULE NUMBER: 2002-P35
CONCISE SUMMARY: This rule establishes business processes and defines electronic transactions necessary to support retail competition. The rule adopts the Maine Electronic Business Transactions (EBT) Standards appended to this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES STATUTORY AUTHORITY: 35-A MRSA 104, 111, 112, 1301, 3202(l) and (2), and 3203(9)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 15, 2002
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-1396


ADOPTIONS

AGENCY: 03-201 - Department of Corrections

CHAPTER NUMBER AND TITLE: Ch. 10, Subsection 20.1 (replaces Subsection 15.1), Adult Prisoner Disciplinary Procedures - EMERGENCY
ADOPTED RULE NUMBER: 2002-43
CONCISE SUMMARY: The Adult Services Division within the Maine Department of Corrections (MDOC) is committed to maintaining a safe and secure living and working environment for prisoners, staff, and visitors and to promoting responsible resident behavior. To this end, the MDOC adult correctional facilities shall have and enforce rules for prisoners, in order to provide residents with a clear understanding of expected behavior. Appropriate, consistent, and fairly applied disciplinary sanctions, consistent with the constitutional and statutory rights of individual prisoners, contribute to the rehabilitation of prisoners and the maintenance of the good order of the MDOC adult correctional facilities. This policy describes each of these items. The opening of new correctional facilities and the movement of the adult inmates in the very near future justifies the need for Emergency status.

CHAPTER NUMBER AND TITLE: Ch. 10, Subsection 15.3 (replaces Subsection 15.1J), Juvenile Client Disciplinary Procedures - EMERGENCY
ADOPTED RULE NUMBER: 2002-44
CONCISE SUMMARY: The Juvenile Services Division within the Maine Department of Corrections (MDOC) is committed to maintaining a safe and secure living and working environment for juveniles, staff, and visitors and to promoting responsible resident behavior. To this end, the MDOC juvenile correctional facilities shall have and enforce rules for juveniles, in order to provide residents with a clear understanding of expected behavior. Appropriate, consistent, and fairly applied disciplinary sanctions, consistent with the constitutional and statutory rights of individual clients, contribute to the rehabilitation of prisoners and the maintenance of the good order of the MDOC juvenile correctional facilities. This policy describes each of these items. The opening of new correctional facilities and the movement of the juveniles in the very near future justifies the need for Emergency status.

EFFECTIVE DATE: February 1, 2002
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Medicaid Eligibility Manual - Excluded Assets: Savings and Vehicles - Rev. #197A
ADOPTED RULE NUMBER: 2002-45
CONCISE SUMMARY: Effective January 2002, Medicaid will exclude up to $8,000 of savings for an individual, $12,000 for a household of 2 or more and a second vehicle needed for employment, to get medical treatment, for essential daily activities or if the vehicle is modified for a person with a disability.
EFFECTIVE DATE: February 6, 2002
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)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual- Ten (10) Day Denials on Applications for Failure to Provide Verification, Funding Source for Hmong and Highland Laotions - Rev. #125A
ADOPTED RULE NUMBER: 2002-46
CONCISE SUMMARY: Federal regulations require a 30 (thirty) day application period. Maine has, once again, received a waiver that allows for a 10 (ten) day denial period for failure to provide requested verification. This procedure allows an early denial that can serve as a reminder to applicants that there are verification issues that are holding up the processing of an application. Many applicants, if eligible, receive benefits sooner as a result of this reminder. This rule also corrects an omission from previous policy. Certain Hmong and Highland Laotians are eligible for federal benefits.
EFFECTIVE DATE: February 6, 2002
AGENCY CONTACT PERSON: Richard P. Morrow, Food Stamp Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-5093
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 24.21(H)(1)(b) and (c), Salmonid Fish Health Inspection Regulation, Consequences/Action Plan, Exotic Diseases
ADOPTED RULE NUMBER: 2002-47
CONCISE SUMMARY: This adopted amendment clarifies that the Commissioner has the authority to direct remedial action at not only directly affected facilities where a confirmed case of an exotic disease of regulatory concern has occurred, but at facilities within an area that pose a risk of exposure to the disease. Such an area is one that has been determined by the Commissioner, in consultation with others defined in the regulations, to contain an unacceptable pathogen load and so increased risk of exposure to marine life.

CHAPTER NUMBER AND TITLE: Ch. 32.15, Elver Fishery Research Sites
ADOPTED RULE NUMBER: 2002-48
CONCISE SUMMARY: This amended regulation repeals the research site located in the tidal portion of Cobboseecontee Stream from this regulation. Elver fishers in this area are no longer required to obtain a special permit in addition to an elver-fishing license. The rule amendment also clarifies the nature of the research at the remaining site at the West Harbor Pond outlet in West Boothbay Harbor.

CHAPTER NUMBER AND TITLE: Ch. 45.05(l)(A)(2), Shrimp Season, 2002, and Ch. 45.10(A)(2), Net restrictions (technical correction)
ADOPTED RULE NUMBER: 2002-49
CONCISE SUMMARY: These regulations adopt, through the regular rule-making process, changes that became effective with the adoption of the emergency rules establishing the 2001 - 2002 shrimp season effective December 1, 2001. The season shall take place from February 15, 2002 to March 11, 2002, all dates inclusive. The season for the harvest of shrimp by drag and by trap shall be the same. Technical corrections in this rulemaking also include renumbering in section 45.05(l)(A)(2) and a citation correction in section 45. 1 O(A)(2).

CHAPTER NUMBER AND TITLE: Ch. 55.04(A), (B) and (C), Maine Gillnet Bait Fishing Regulations
ADOPTED RULE NUMBER: 2002-50
CONCISE SUMMARY: The proposed bait gillnet fishing regulations require a commercial fishing license endorsement, limits the length of bait gillnets to 2,000 feet, require bait gillnets be marked at each end with a minimum of 4 foot stick buoy markers and requires reporting that may be accomplished using an existing reporting form with Department approval.

EFFECTIVE DATE: February 9, 2002
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 14-197 - Department of Behavioral and Developmental Services
CHAPTER NUMBER AND TITLE: Ch. 8, Rule Describing Grievance and Appeals Procedures for Persons with Mental Retardation
ADOPTED RULE NUMBER: 2002-51
CONCISE SUMMARY: This rule has as its purpose, to clarify and formalize the process by which persons with mental retardation and autism, who are receiving services or supports from the Department, can seek to enforce their rights or process their grievances.
EFFECTIVE DATE: February 13, 2002
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7368 (v)
TTY: (207) 287-2000

 


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