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Weekly Rulemaking Notices Contact Us Find It

March 12, 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: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 2, Section 213 Compensation for Partial Incapacity; Section 2 - Extension of 260-week limitation, Sub-sections 4, 5, & 6
PROPOSED RULE NUMBER: 2003-P36
CONCISE SUMMARY: As drafted, the rule will establish that benefits will not be extended for 52-weeks effective January 1, 2003. The Board has not reached a final decision as to whether the extension is warranted, and is inviting comments to assist in making its determination.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA 152(2) & 213
PUBLIC HEARING: Thursday, April 3, 2003, 10:00 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, April 14, 2003, 5:00 p.m.
AGENCY CONTACT PERSON:. John C. Rohde, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: (207) 287-7086


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. (New), Private School Requirements and Approval Standards
PROPOSED RULE NUMBER: 2003-P39
CONCISE SUMMARY: The Department of Education has elected to conduct a second hearing regarding the proposed rules pertaining to private school requirements and approval standards. At the hearing, the Department will briefly explain the basis for the proposed rule, as well as the anticipated impact on the private schools, and receive public comments. At this time, no revisions have been made to the proposed rules that were addressed at the public hearing held on February 12, 2003.
This rule clarifies the requirement for the different types of private schools located in Maine and for private school outside of Maine that educate Maine students at public expense. The rule provides consistent language to describe the types of private schools. It specifies the procedures for securing annual approval status and for losing approval status
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 2907, 2954, and 6653
PUBLIC HEARING: Friday, April 4, 2003, 9:00 a.m. - 12:00 p.m., Augusta Civic Center, Androscoggin-Aroostook-Cumberland Room
DEADLINE FOR COMMENTS: Written comments must be received in the Department of Education by 5 p.m., Friday April 18, 2003. This can be accomplished by:
Delivering them to the receptionist on the 5th floor of the Burton Cross State Office Building;
Mailing them to Dr. Edwin Kastuck, 23 State House Station, Augusta, ME 04333-0023
Faxing them to Dr. Edwin Kastuck, (207) 624-6601;
E-mailing them to Edwin.Kastuck@maine.gov
AGENCY CONTACT PERSON: Edwin Kastuck
AGENCY NAME: Department of Education
ADDRESS: 23 House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6776


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual (to be renamed MaineCare Benefits Manual): Ch. I, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 2003-P41
CONCISE SUMMARY: The proposed rule changes the name of the Maine Medical Assistance Manual to the MaineCare Benefits Manual and makes numerous structural and administrative changes throughout the Manual. The name of the Maine Medicaid program is changed to MaineGare. Changes are included in sections dealing with: statutory authority; provider participation requirements; member eligibility; services covered definitions; payment responsibilities of providers; reimbursement guidelines; copay exemptions; submission of claims; payment process; claim adjustments; surveillance and record requirements; prior authorization; provider and member appeals; and updating of procedure codes in appendix #2.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, 254, 258
PUBLIC HEARING: April 3, 2003 at 2:00 p.m. in Conference Room #1, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before March 24, 2003.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
DEADLINE FOR COMMENTS: April 14, 2003
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Policy Development, Bureau of Medical Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE:
Amendment to Ch. 10, Definitions and Terms
Amendment to Ch. 24, Pesticide Storage Facility Standards/Pesticide Distributors
Amendment to Ch. 31, Certification & Licensing Provisions/Commercial Applicators
Amendment to Ch. 50, Record Keeping & Reporting Requirements
Amendment to Ch. 51, Notice of Aerial Pesticide Applications
ADOPTED RULE NUMBER: 2003-58 through 2003-62
CONCISE SUMMARY: The Board adopted a series of housekeeping amendments to make minor changes to these five chapters as follows: (1) amended Ch. 10 to incorporate new definitions from recently adopted Ch. 27 as well as substitute "wetlands of special significance" for the obsolete terms Class I and Class II wetlands; (2) amended Ch. 24 to substitute "wetlands of special significance" for the obsolete terms Class I and Class II wetlands; (3) also amended Ch. 24 to incorporate recent policies regarding proximity to foods and placement of signs in self-service sales areas; (4) amended Ch. 31 to incorporate a recent policy requiring the licensed person to be physically present on the property of the client the entire time it takes an unlicensed employee to complete the application; (5) amended Ch. 31 to create a new subcategory for persons performing sewer line root control; (6) amended Ch. 50 to clarify the requirements for commercial applicators to file annual reports; and (7) amended Ch. 51 to increase the minimum time from three to seven days for companies to provide notices to the Board and Maine Poison Center of their plans to conduct a non-agricultural aerial pesticide application.
EFFECTIVE DATE: March 5, 2002
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731


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