February 20, 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/.
- Department of Administrative and Financial Services, Bureau of Human
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: 4 State House Station, Augusta, ME 04333-0004
TELEPHONE: (207) 624-7369
- Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual (formerly
Maine Medical Assistance Manual): Ch. II, Section 4, Ambulatory
Surgical Center Services (also repeals Ch. 101 Ch. III Section 4)
PROPOSED RULE NUMBER: 2002-P36
CONCISE SUMMARY: This rule is required to update billing and procedure
code requirements for compatibility with the Maine Claims Management
System (MECMS). MECMS will require utilization of standardized coding
formats, including American Medical Association Current Procedural Terminology
(CPT) codes and Medicare's National Level II Codes, HCPCS. The Department
has added clarification of CPT and HCPCS coding in Ch. II, including
the requirement that providers use L codes identified in HCPCS when
billing for prosthetic devices reimbursed, under this Section. Ch. III,
which is no longer required when using appropriate CPT and HCPCS coding
formats, is repealed. Rates of reimbursement are not changed as a result
of these changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
Date: March 12, 2002, 1:00 p.m.
Location: Department of Human Services, 1st floor Conference room, 35
Anthony Avenue, Augusta, Maine.
Any interested party requiring special arrangements to attend the hearing
must contact the agency person listed below before March 4, 2002.
DEADLINE FOR COMMENTS: March 25, 2002
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: BMS, Division of Policy and Programs
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 or Hard of Hearing)
- Board of Licensure of Foresters
CHAPTER NUMBER AND TITLE: Ch. 10, Definitions. Ch. 20,
General Information. Ch. 30, Advisory Rulings. Ch. 40,
Educational Qualifications for Issuance of an Intern Forester. Ch.
60, Sponsorship of Intern Foresters. Ch. 70, Licensure as
Forester. Ch. 80, Continuing Forestry Education. Ch. 100,
Code of Ethics. Ch. 110, Transition Provisions
ADOPTED RULE NUMBER: 2002-52 through 2002-60
CONCISE SUMMARY These chapters implement the new forestry law enacted
by PL 2001, c. 261. The focus of the rules is the new intern forester
license, the serving of the internship, the progression from intern
forester to forester, and the revamped code of ethics. In addition to
these chapters, the board has provisionally adopted Ch. 50, Variance
from Educational Qualifications for Issuance of an Intern Forester License,
and Ch. 90, Registration of Foresters for the Supervision of Unlicensed
Personnel. Ch. 50 and 90 are subject to legislative
review before going into effect.
EFFECTIVE DATE: February 16, 2002
AGENCY CONTACT PERSON: Carol Leighton, Board Administrator
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520
- Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 602, Procedure for Contract Awards
ADOPTED RULE NUMBER: 2002-61
CONCISE SUMMARY: This chapter outlines the policy of the Maine State
Retirement System in selecting a contractor to provide services to the
System and the procedures that may be used by the MSRS in the selection
process. This chapter also defines the procedures and requirements in
the event of an appeal of a contract award decision.
EFFECTIVE DATE: February 17, 2002
AGENCY CONTACT PERSON: Gail Drake Wright
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 287-3461 or 1 (800) 451-9800
- Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 803, Election of Soil and Water
Conservation District Supervisors
ADOPTED RULE NUMBER: 2002-62
CONCISE SUMMARY: The purpose of this amendment is to: 1) remove reference
to the now non-existent State Soil and Water Conservation Commission
and replace it with reference to the Maine Department of Agriculture,
Food and Rural Resources which assumed the duties of the discontinued
Commission in 1995; 2) replace the archaic term "Land Occupier" with
"Registered Voter Residing within the District Boundaries" for the purpose
of clarification, and to reflect a change in the statutes; and 3) to
allow for any two supervisors, elected or appointed, to count ballots
provided that the elected supervisors counting ballots are not running
for election during the year that they are counting ballots. The present
Rule requires ballots to be counted by the two appointed supervisors
which can be a problem when one or both appointed supervisor positions
EFFECTIVE DATE: February 19, 2002
AGENCY CONTACT PERSON:
David P. Rocque, Maine Department of Agriculture, Food and Rural Resources,
28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2666
- Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 210, Utility Accommodation Policy
ADOPTED RULE NUMBER: 2002-63
CONCISE SUMMARY: This rule defines the responsibilities and standards
for locating utility facilities within state and state-aid highway corridors.
Permit application requirements are also specified in the rule.
EFFECTVE DATE: February 19, 2002
AGENCY CONTACT PERSON: Brian Burne, Utility & Railroad Services Manager
AGENCY NAME: Department of Transportation
ADDRESS: 16 State House Station, Augusta, ME 04333
TELEPHONE:(207) 287-2283 (through 1/2002); (207) 624-3460 (thereafter)
of the Secretary of State