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Weekly Rulemaking Notices Contact Us Find It

March 27, 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: 10-148 - Department of Human Services, Community Services Center
RULE TITLE OR SUBJECT: Ch. 32, Rules for the Licensing of Children's Day Care Facilities
PROPOSED RULE NUMBER: 2002-P55
CONCISE SUMMARY: These proposed rules revise the current Rules for the Licensing of Children's Day Care Facilities (effective July 1, 1998). Significant revisions have been made in the areas of fines and sanctions, program accessibility, staff ratios and group sizes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 22, Ch. 1661, 7701, 7702-A, 7703, Ch. 1663, 7801, 7802, 7804, 7805, 7806, Ch. 1673, 8301-A, 8302-A, 8302-B, 8303-A, 8304-A, Ch. 1675.
PUBLIC HEARINGS:
04/16/02 - 10:00 a.m., Schoodic Hall - Matthew Auditorium, Eastern Maine Technical College, 354 Hogan Road, Bangor, ME
4/17/02 - 10:00 a.m., 180 Jewett Hall, University of Maine, Augusta Campus, Augusta, ME
April 18, 2002- 10:00 a.m., Jewett Auditorium, Southern Maine Technical College, Fort Road, South Portland, ME
DEADLINE FOR COMMENTS: April 26, 2002
AGENCY CONTACT PERSON: Robert Steinberg
AGENCY NAME: Community Services Center
ADDRESS: 221 State Street, Station #11, Augusta, Maine 04333
,TELEPHONE: (207) 287-5060
TTD: (207) 624-5048


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Provider Notification of NOCs - proposed rule amendments to Ch. 1 7, 5 7, and 8 2
PROPOSED RULE NUMBER: 2002-P57
CONCISE SUMMARY: The proposed amendments require employers/insurers to send Notices of Controversy to a Health Care Provider if the reasonableness of the Health Care Provider's bill is being disputed.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA 152(2)
PUBLIC HEARING: Thursday, April 18, 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: Monday, April 29, 2002. 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: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Resource Protection Plan and Recreation Management Plan for the Penobscot Waterway
PROPOSED RULE NUMBER: 2002-P58
CONCISE SUMMARY: Great Northern Paper, Baxter State Park, Great Northern Energy, and Wagner Forest Management are petitioning the Commission to extend the current P-RP, Resource Protection Plan, zoning on the West Branch of the Penobscot River for a six-month period. The current Resource Plan expires on July 8, 2002. The additional time is necessary to allow time for these four landowners or managers to prepare updated Resource Plans for their ownerships along this river.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-A, sub-8-A
PUBLIC COMMENTS: A public hearing on this proposal will not be held. Written comments, however, may be submitted to the Commission up to the deadline given below. Questions regarding this
proposal should be directed to the address or phone number given below.
DEADLINE FOR COMMENTS: April 19, 2002
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2631


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Resource Protection Plan and Recreation Management Plan for the East Branch of the Penobscot River in T5R8 WELS
PROPOSED RULE NUMBER: 2002-P59
CONCISE SUMMARY: Irving Woodlands, LLC is petitioning the Commission to adopt the proposed P-RP, Resource Protection Plan, zoning on the East Branch of the Penobscot River in T5R8 WELS. The new plan would replace the current Plan, which expires on July 8, 2002. The proposed Resource Plan is very similar to the current Plan and would be in effect for ten years.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 685-A, sub-8-A
PUBLIC COMMENTS: A public hearing on this proposal will not be held. Written comments, however, may be submitted to the Commission up to the deadline given
below. Questions regarding this proposal should be directed to the address or phone number given below.
DEADLINE FOR COMMENTS: April 26, 2002
AGENCY CONTACT PERSON: Susan C. Burns
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-2631


ADOPTIONS

AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance

CHAPTER NUMBER AND TITLE: Ch. 700, Worker's Compensation Apportionment Arbitration
ADOPTED RULE NUMBER: 2002-88
CONCISE SUMMARY: The purpose of the rule was to establish procedures for the arbitration of claim liability apportionment disputes between workers compensation insurers and self-insurers which arose pursuant to 39-A MRSA 354(3). Public Law of Maine Ch. 354(9) transferred jurisdiction for apportionment proceedings to the Maine Workers' Compensation Board. That law terminated Maine Bureau of Insurance responsibility for operation of the program as well as statutory authority for Rule Ch. 700.

CHAPTER NUMBER AND TITLE: Amendments to Rule Ch. 840, Private Purchasing Alliances
ADOPTED RULE NUMBER: 2002-89
CO CISE SUMMARY: The purpose of this Rule is to supplement Ch. 18-A of Title 24-A MRSA by establishing additional standards for private purchasing alliances. This Rule applies to private purchasing alliances as defined by 24-A MRSA 1951(2) and to carriers contracting with such alliances.

CHAPTER NUMBER AND TITLE: Amendments to Ch. 850, Health Plan Accountability
ADOPTED RULE NUMBER: 2002-91
CONCISE SUMMARY: This rule establishes standards applicable to health maintenance organizations (HMOs), as defined by Ch. 56 of the Insurance Code, utilization review entities, as defined by Ch. 34 of the Insurance Code, and carriers as defined by Ch. 56-A of the Insurance Code. In the interest of consolidating standards applicable to carriers and adopting current National Association of Insurance Commissioners (NAIC) health plan accountability models, it repeals and replaces old Bureau of Insurance Rule Ch. 520, Medical Utilization Review Entities, and incorporates provisions of the NAIC Utilization Review Model Act, Health Carrier Grievance Procedure Model Act and Health Care Professional Credentialing Verification Model Act. The 2002 Amendments to Revised Rule Ch. 850 reflect amendments to the Health Plan Improvement Act, Title 24-A, Ch. 56-A MRSA 4301 et seq., enacted by Public Law 1999, Ch. 742, An Act to Establish a Patient's Bill of Rights.

EFFECTIVE DATE: March 19, 2002
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
Phone: (207)624-8460


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - TANF Benefit Package
ADOPTED RULE NUMBER: 2002-92
CONCISE SUMMARY: This rule allows TANF working families to receive a benefit package, which consists of a basic TANF benefit and child care benefits. Furthermore, the rule provides families a choice to receive the payment directly or to have a portion of their benefit package mailed to their child care provider directly.
EFFECTIVE DATE: March 24, 2002
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 12-172 - Maine Unemployment Insurance Commission
CHAPTER NUMBER AND TITLE: Amendments to Ch. 3 and 5 of the Rules Governing Administration of the Employment Security Act
ADOPTED RULE NUMBER: 2002-93 and 2002-94
CONCISE SUMMARY: This amendment to Ch. 3 and 5 of the Rules Governing the Administration of the Employment Security Law establishes a procedure for claimants to file claims and appeals of adjudicated decisions by telephone or other electronic means.
EFFECTIVE DATE: March 29, 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

 


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