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April 2, 2003
as posted
in 5 daily Maine newspapers
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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: 05-071 - Department of Education
PROPOSED RULE NUMBER: 2003-P39
CHAPTER NUMBER AND TITLE: Ch. (New), Rules Pertaining to Private School Requirements and Approval Standards
CONCISE SUMMARY: The Department of Education has elected to withdraw the proposed "Rules Pertaining to Private School Requirements and Approval Standards." Accordingly, the public hearing scheduled for Friday, April 4, 2003, 9:00 a.m. - 12:00 noon at the Augusta Civic Center, Androscoggin-Aroostook-Cumberland Room, has been cancelled.
AGENCY CONTACT PERSON: Edwin Kastuck
AGENCY NAME: Department of Education
ADDRESS: 23 House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6776
AGENCY:
01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 2, Schedule of Minimum Prices - Order
#05-03
PROPOSED RULE NUMBER: 2003-P69
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for
Class 1, II, III and Butterfat based on Federal Order #1 prices with
prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA § 2954 & 5 MRSA § 8054
PUBLIC HEARING: 1:30 p.m., Friday April 18, 2003, Room 233, Department
of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: April 18, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta,
Maine 04333
TELEPHONE: (207) 287-3741
AGENCY:
10-144 - Department of Human Services, Division of Health Engineering,
Radiation Control Program
RULE TITLE OR SUBJECT: Ch. 220, Radioactive Materials Regulations
Changes
PROPOSED RULE NUMBER: 2003-P70
CONCISE SUMMARY: The proposed revision to the current State of Maine
Regulations Relating to Radiation Protection makes the State compatible
with the Federal Nuclear Regulatory Commission and the Suggested State
Radiation Control Statutes of the Conference of Radiation Control Program
Directors.
STATUTORY AUTHORITY: 22 MRSA § 674
DATE AND PLACE OF PUBLIC HEARING: None
COMMENT DEADLINE: Close of Business, May 2, 2003
AGENCY CONTACT PERSON:
NAME: Jay C. Hyland, P.E., Radiation Control Program
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
PHONE: (207) 287-5676
E-MAIL: jay.hyland@maine.gov
AGENCY:
12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 14, Rules Governing Alternative Methods
of Payment of Overtime for Certain Drivers and Drivers Helpers
PROPOSED RULE NUMBER: 2003-P71
CONCISE SUMMARY: This rule provides standards and a formula for employers
of certain truck drivers and driver's helpers to adopt payment methods
based on work units other than hours worked.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA § 664 as amended by 2001 PL c. 628.
PUBLIC HEARING: April 23, 2003, 9:00 a.m., Bureau of Labor Standards,
Hallowell Annex, Room 306, 3rd Floor, Hallowell, ME 04347
DEADLINE FOR COMMENTS: May 5, 2003
AGENCY CONTACT PERSON: Michael V. Frett, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406
AGENCY:
10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch.
II & III, Section 17, Community Support Services
PROPOSED RULE NUMBER: 2003-P72
CONCISE SUMMARY: This rulemaking represents a major change in how these
MaineCare services are reimbursed. When adopted, both Ch. II and III
will be complete replacements of Section 17, Community Support Services.
Some of these changes are being implemented to achieve the curtailment
of allotments in the MaineCare program as required in the Governor's
July 1, 2002 Executive Order.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA § 42, § 3173
PUBLIC HEARING:
Date: April 23, 2003, 1:00 p.m.
Location: Conference Room # 1, Department of Human Services, 442 Civic
Center Drive, Augusta, ME
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking
documents. Any interested party requiring special arrangements to attend
the hearing must contact the agency person listed below before April
8, 2003
DEADLINE FOR COMMENTS: May 7, 2003
AGENCY CONTACT PERSON: Kip Neale, Comprehensive Health Planner
AGENCY NAME: MaineCare Policy Development
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine
04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800)423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
ADOPTIONS
AGENCY:
10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 115, Principles of Reimbursement
for Residential Care Facilities - Room and Board Costs
ADOPTED RULE NUMBER: 2003-74
CONCISE SUMMARY: These final rules define the term "applicable Department"
as the Department providing the State share of MaineCare reimbursement.
The rules state that the Commissioner of the applicable Department determines
the amount of inflation adjustments. The rules require that bed-hold
days for the room and board portion only be covered when a bed-hold
day for the corresponding date is allowed for the PNMI portion, as reimbursed
under MaineCare Benefits Manual, Section 97, PNMI services. The rules
provide further define and clarify direct care services (laundry, housekeeping,
and dietary) that were removed from room and board reimbursement in
July of 2002 and included in the PNMI service component of Section 97.
EFFECTIVE DATE: March 24, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine
04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
AGENCY:
13-188 - Department of Marine Resources
CHAPTER
NUMBER AND TITLE: Ch. 25.96, Lobster Apprentice Program
ADOPTED RULE NUMBER: 2003-75
CONCISE SUMMARY: The adopted regulations remove the requirement regarding
the amount of hours per day for the time requirement in the lobster
apprentice program. The program currently requires documentation of
200 fishing days at a minimum of 5 hours per day. This criterion would
be converted to the equivalent time period of 1,000 fishing hours accrued
over the established minimum of 200 fishing days. This amendment allows
individuals the option to accrue the necessary time on a more flexible
basis such that fishing hours may be accrued on a less than 5-hour per
day minimum. The minimum overall time period of 24 months to accrue
fishing time does not change and the amendment does not require existing
apprentices to change their logbook format.
CHAPTER
NUMBER AND TITLE: Ch. 26.15(2)(G), Sea Urchin, Limited Entry
Procedures, Date of License Lottery
ADOPTED RULE NUMBER: 2003-76
CONCISE SUMMARY: This adopted regulation changes the date for the holding
of the lottery under Ch. 26.15(2)(G) from March 31st to May 31st. This
is part of the limited entry system for the purpose of awarding of sea
urchin hand fishing, dragging, handraking and trapping license eligibility
to those persons who did not hold that license in the previous calendar
year.
EFFECTIVE
DATE: March 24, 2003
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
AGENCY:
06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Concerning the Processing
of Applications and Other Administrative Matters
ADOPTED RULE NUMBER: 2003-77
CONCISE SUMMARY: In 1994, the Department substantially revised the rules
governing the processing of applications, appeals, and many other administrative
activities. The Department is now proposing to repeal and replace Ch.
2 to incorporate changes to the overall organization of the rule as
well as many minor and major amendments to the rule. Additionally, the
Department conducted an evaluation of the use of Alternative Dispute
Resolution as required 5 MRSA § 8051, incorporating methods to utilize
this tool as appropriate related to the appeals process before the Board
of Environmental Protection.
The Board of Environmental Protection conducted a public hearing on
November 7, 2002 and kept the record open for written comments until
December 9, 2002. A total of 4 individuals provided verbal and/or written
comment regarding the proposed changes to the rule.
The Department evaluated the comments offered at hearing and in writing
and a summary of which is contained in the Response to Comments.
Copies of this rule are available upon request by contacting the Agency
contact person listed below.
EFFECTIVE DATE: April 1, 2003
AGENCY CONTACT PERSON: Brooke E. Barnes, Deputy Commissioner
AGENCY NAME: Department of Environmental Protection
ADDRESS: #17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-2811
E-MAIL: Brooke.E.Barnes@Maine.gov
AGENCY:
01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices -
Order #04-03
ADOPTED RULE NUMBER: 2003-78
CONCISE SUMMARY: Minimum April, 2003 Class I price is 12.89 plus $ 1.11/cwt.
for Producer Margins and an over order premium of $0.80/cwt. as being
prevailing in southern New England for a total of $14.80. Class II minimums
set at $11.16 for February, 2003, which includes $0.50/cwt. for Producer
Margins. 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: April 1, 2003
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission,
Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741
AGENCY:
90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 125, Health Care Information that
Directly Identifies an Individual
ADOPTED RULE NUMBER: 2003-80
CONCISE SUMMARY: This rule defines and lists the data elements within
a patient's medical record deemed to be direct identifiers of individuals.
The list of direct identifiers is being amended to include an additional
data element listed under §164/514 of the HIPPA privacy regulations.
EFFECTIVE DATE: March 31, 2003
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722
© Department
of the Secretary of State
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