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Weekly Rulemaking Notices Contact Us Find It

May 7, 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: 17-229 - Department of Transportation
RULE TITLE OR SUBJECT: Ch. 300, Rules and Regulations for the Use of the Interstate Highway System
PROPOSED RULE NUMBER: 2003-P88
CONCISE SUMMARY: This amendment to the Maine Department of Transportation's Rules is intended to restrict certain vehicles to the two farthest right-hand lanes on that portion of Interstate 95 from the Maine-New Hampshire border to the southern terminus of the Maine Turnpike. The Maine Turnpike Authority is promulgating a similar rule for that portion of the Turnpike south of Mile Marker 44 in Scarborough. The Maine Department of Transportation has responsibility for that portion of I-95 leading from the Maine-New Hampshire border to the southerly terminus of the Maine Turnpike. The Department is proposing to amend its rules to maintain consistency on that portion of Interstate 95 from the Maine-New Hampshire border to Mile Marker 44 of the Maine Turnpike in Scarborough.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ONMUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 52 and 23 MRSA 4206(5)
PUBLIC HEARING: May 27, 2003, 3 p.m., Verillo's Conference Center, 155 Riverside Street, Portland, Maine 04103
DEADLINE FOR COMMENTS: June 2, 2003
AGENCY CONTACT PERSON: Jim Smith
AGENCY NAME: Department of Transportation
ADDRESS: Office of Legal Services, 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: (207) 624-3020


AGENCY: 99-420 - Maine Turnpike Authority
RULE TITLE OR SUBJECT: Ch. 1, Rules Governing the Use of the Turnpike: No Trucks in Third Lane (Amendment)
PROPOSED RULE NUMBER: 2003-P89
CONCISE SUMMARY: This rule would restrict buses and trucks, including truck tractors but excluding pickup trucks, from the far- left passing lane on the three lane section of the turnpike south of mile marker 44.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 MRSA 1965(1)(C) and 23 MRSA 1980
PUBLIC HEARING: The public hearing wil be held at Verillo's Conference Center, 155 Riverside Street, Portland, ME 04103 on May 27, 2003 at 3 p.m.
DEADLINE FOR COMMENTS: June 2, 2003
AGENCY CONTACT PERSON: Jonathan Arey
AGENCY NAME: Maine Turnpike Authority
ADDRESS: 430 Riverside Street, Portland, Maine 04103
TELEPHONE. (207) 871-7771 x136


AGENCY: 10-144 - Department of Human Services, Bureau of Health
RULE TITLE OR SUBJECT: Ch. 258, Rules for the Control of Notifiable Conditions
PROPOSED RULE NUMBER: 2003-P93
CONCISE SUMMARY: The proposed rules repeal and replace the current Department of Human Services regulations which govern the reporting of certain diseases, clusters of unusual cases of a disease or outbreaks of a disease, epidemics, and extreme public health emergencies. The amendments are being made in order to include new disease entities, to expand the list of notifiable conditions, to update existing rules to reflect recent developments in communicable disease investigation and intervention, and to outline the procedures for health care personnel to follow in the event of an extreme public health emergency.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 250, Control of Communicable Diseases
PUBLIC HEARING: May 27, 2003, 1:00 p.m. to 3:00p.m., Cross Office Building, Conference Room 107, Augusta, Maine
DEADLINE FOR COMMENTS: June 6, 2003
AGENCY CONTACT PERSON: Paul Kuehnert, MS, RN, Director, Division of Disease Control and Associate Director, Office of Public Health Emergency Preparedness, Maine Bureau of Health, Key Plaza, 9th Floor, State House Station 11, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5179
TTY: 1 (888) 706-3876 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services. Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 2003-P94
CONCISE SUMMARY: The proposed rules will require that generic drugs be dispensed when available at a lower cost, unless a prior authorization for medical necessity of the brand name drug is approved by the Department, that all MaineCare pharmacy providers must also be approved as participating Medicare pharmacy providers, and other provider requirements, such as increased utilization of mail order pharmacies, necessary for efficient operation of the MaineCare pharmacy benefit. The proposed rules change member co-payments, starting July 1, 2003 to $2.50 per prescription, subject to a $25 per member per month cap. Members would be exempt from co-payment when filling prescriptions through Department approved mail order pharmacies. The rules include terminology updates.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, and PL 2003 ch. 20.
PUBLIC HEARING:
Date: May 27, 2003, 1:30 p.m.
Location: Department of Hurnan Services, Room, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 20, 2003.
DEADLINE FOR COMMENTS, June 6, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE:
Ch. 26.15(l)(B), Sea Urchin Harvester License Limited Entry System, Exit Ratio definition
Ch. 26.15(2)(B)(C) & (G), Limited Entry Procedures: deadlines
Ch. 26.15(3)(B)(C) & (D), Issuing the Awarded Licenses
ADOPTED RULE NUMBER: 2003-104
CONCISE SUMMARY: These adopted regulations amend the exit ratio for sea urchin licenses from 5:1 to 10:1. This is part of the limited entry system for the purpose of awarding sea urchin hand fishing, dragging, handraking and trapping license eligibility to those persons who did not hold that license in the previous calendar year. The regulations also change the December 31 application deadline. Applications would be accepted until 5:00 p.m., February 15. Also, the annual lottery will be held by March 31 each year and by June 30, for the year 2003. The deadline for applying for a license once eligibility had been awarded will be August 31 instead of July 31, in all years.
EFFECTIVE DATE: April 21, 2003
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 90-564 - Fund Insurance Review Board
CHAPTER NUMBER AND TITLE: Ch. 3, Appeals Procedure
ADOPTED RULE NUMBER: 2003-105
CONCISE SUMMARY: This rule repeals and replaces existing Ch. 3 but effectively just clarifies certain procedures in an appeal proceeding of an insurance claim-related decision of the Commissioner of the Department of Environmental Protection or the State Fire Marshal under the Underground Oil Storage Facilities and Ground Water Protection Act. The procedures clarified are when a document is "filed", the procedures governing a motion to request a complete appeal, when the Commissioner or State Fire Marshal may file a request for an extension of time in which to file an administrative record and when a decision of the Appeals Panel is final.
EFFECTIVE DATE: April 22, 2003
AGENCY CONTACT PERSON: Veronica Costa
AGENCY NAME: Fund Insurance Review Board
ADDRESS: c/o Finance Authority of Maine, P.O. Box 949, Augusta, Maine 04332
TELEPHONE: 1 (800) 228-3734


AGENCY: 14-197 - Department of Behavioral and Developmental Services
CHAPTER NUMBER AND TITLE: Ch. 5, Regulations Governing Emergency Interventions and Behavioral Treatment for People with Mental Retardation and/or Autism
ADOPTED RULE NUMBER: 2003-106
CONCISE SUMMARY: These regulations implement Maine Law regarding the Rights of Maine citizens with Mental Retardation or Autism. They are intended to govern the use of emergency interventions and behavioral treatment to maximize the safety, well being, independence, and inclusion of Maine citizens with mental retardation or autism.
EFFECTIVE DATE: April 23, 2003
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta, ME 04333-0040
TELEPHONE: (207) 287-7368 (v)
TTY: (207) 287-2000


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 29, Multi-family Development and Supportive Housing Loans and Grants Rule
ADOPTED RULE NUMBER: 2003-107
CONCISE SUMMARY: The Multi-family Development and Supportive Housing Loans and Grants Rule governs loan and grant programs for the acquisition, construction, rehabilitation, and preservation of residential rental housing for low income persons and housing for low income persons with supportive service needs. MSHA is amending the rule to 1. clarify that the rule does not apply if MSHA is not taking a mortgage; 2. permit MSHA to use less cumbersome standards when MSHA is lending money short term for land acquisition or when MSHA's mortgage is undercollateralized; and 3. make other minor clarifications.
EFFECTIVE DATE: April 28, 2003
AGENCY CONTACT PERSON: Linda Sears Uhl, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
(800) 452-4603 (TTY)


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #05-03
ADOPTED RULE NUMBER: 2003-111
CONCISE SUMMARY: Minimum May, 2003 Class I price is $12.96 plus $1.04/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 $10.69 for March, 2003, which includes $0.15/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: May 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: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, Medicaid Eligibility Manual - 2003 Federal Poverty Levels (Emergency Rule)
ADOPTED RULE NUMBER: 2003-112
CONCISE SUMMARY: This rule puts into effect the 2003 Federal Poverty Level (FPL). The FPL's are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit for various MaineCare covered groups including children and their parents, elderly and disabled individuals and pregnant women.
EFFECTIVE DATE: April 25, 2003
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 104, School Based Rehabilitative Services
ADOPTED RULE NUMBER: 2003-114
CONCISE SUMMARY: This rule change is being proposed to increase rates to account for inflation associated with increased costs incurred since January 1, 2001

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual:
Ch. VI Section 2, Mandatory Managed Care Initiative, and
Ch. VII Section 2, Medicaid Managed Care Initiative
ADOPTED RULE NUMBER: 2003-115
CONCISE SUMMARY: These changes repeal Ch. VI Section 2, Mandatory Managed Care Initiative and Ch. VII Section 2, Medicaid Managed Care Initiative, of the Maine Care Benefits Manual because there is no longer a contracted managed care initiative in place.

See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: May 6, 2003
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367, 1 (800) 321-5557 option 9
TTY (207) 287-3094 or 1 (800) 423-4331


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