Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

April 2, 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: 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


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