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Weekly Rulemaking Notices Contact Us Find It

June 4, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Rev. #70-P / PaS
PROPOSED RULE NUMBER: 2003-126
CONCISE SUMMARY: The Parents as Scholars (PaS) program is funded with the TANF Block Grant for 12 months of a program recipient's participation in the program. PaS participants are subject to TANF Block Grant time limits and work participation requirements for these 12 months.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3790, as amended by P.L. 2003. Pt. K, 14 (effective 7/1/2003)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 7, 2003
AGENCY CONTACT PERSON Rose Masure, TANF Program Manager
AGENCY NAME Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-5089
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Aligning TANF policy with MaineCare Policy - Rev. #69-P
PROPOSED RULE NUMBER: 2003-P127
CONCISE SUMMARY: This rule proposes to align TANF policy concerning verification of income with MaineCare policy.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3762-3790
PUBLIC HEARING: None scheduled, unless requested by 5 or more persons.
DEADLINE FOR COMMENTS: July 7, 2003
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: 99-626 - Maine Rural Development Authority
RULE TITLE OR SUBJECT: Ch. (New), Commercial Facilities Development Program
PROPOSED RULE NUMBER: 2003-P128
CONCISE SUMMARY: The Commercial Facilities Development Program was established to serve the following purposes:
* Restore employment opportunities by serving as lender, principal, partner or investor in the acquisition and redevelopment of nonproductive commercial facilities for subsequent return to productive use through sale or lease; and
* Create employment opportunities in areas of economic need that are underserved by private investors by serving as lender, principal, partner or investor in the acquisition of property and development of commercial facilities for subsequent sale or lease into private productive use.
This rule defines the process for applications to the commercial facilities development program including:
* This rules outlines the methodology and criteria for allocating funds to commercial facilities projects;
* Rates of interest, the duration of interest payments and any other terms which apply to the commercial facilities development and redevelopment projects; and
* Other matters necessary to the proper administration of the program.
This proposed rule does not protect against a direct or immediate threat to public health, safety or welfare. There is no regulatory cost to the state nor to the regulated community as a result of the promulgation of this rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13120-L
PUBLIC HEARING: June 24, 9:00 a.m., Department of Economic and Community Development, 3d Floor conference room, Cross State Office Building, 111 Sewall Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 7, 2003
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station,Augusta, ME
E-MAIL: Peggy.Schaffer@maine.gov
TELEPHONE: (207) 624-9801


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #07-03
PROPOSED RULE NUMBER: 2003-P129
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, 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, June 20, 2003, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
June 20, 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, Bureau of Health, Division of Health Engineering, Drinking Water Program
RULE TITLE OR SUBJECT: Ch. 231, State of Maine Rules Relating to Drinking Water
PROPOSED RULE NUMBER: 2003-P130
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to Drinking Water involve updating the Alternative Funding Mechanism and specific rule sections to coincide with the changes mandated by the Federal Safe Drinking Water Act and the changes made to Maine Statute.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 601, Sub-ch. 1, 2605
PUBLIC HEARING: June 23, 2003, from 1:00 p.m.- 3:00 p.m., at 161 Capitol Street, Augusta, Maine
DEADLINE FOR COMMENTS: July 3, 2003
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Drinking Water Program
ADDRESS: 10 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-6471
TYY: (207) 287-2070


ADOPTIONS

AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 9, Rules Governing Driver Education
ADOPTED RULE NUMBER: 2003-163
CONCISE SUMMARY: This amendment to the rules governing driver education establishes the maximum number of hours that classroom instruction may be provided on a daily and weekly basis.
EFFECTIVE DATE: September 1, 2003
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr.
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS:#29 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-9092


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Sec. 96, Private Duty Nursing & Personal Care Services
ADOPTED RULE NUMBER: 2003-164
CONCISE SUMMARY: Changes include: expanded eligibility, including new and revised eligibility criteria; new and revised definitions; revised covered services including a limit on IADL services for Level I to 10 hours per month and a new one-hour PCA visit rate; new coverage for medication administration by qualified CNAs; revisions to the PCA training and orientation requirements; clarified requirements for family members working as PCAs; and, clarification of requirements for provider records and progress notes. Ch. III adopts additional rate increases authorized pursuant to PL 2001 Chap. 714 and PL 2003, Chap. 51.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: May 30, 2003
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9360
FAX: (207) 624-5524
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 16-219 - Office of State Fire Marshal

CHAPTER NUMBER AND TITLE: Ch. 1, Fee Schedules for Plans Examination
ADOPTED RULE NUMBER: 2003-165
CONCISE SUMMARY: This rule is proposed for fee adjustment for the Plans Review and Permit of Fire Sprinkler Systems. The fee adjustment will reflect cost associated with fire sprinkler heads instead of property selling price. The fee adjustments and methodology of calculation will more accurately reflect appropriate cost development associated with fire sprinkler system design and construction. This change will change will also more accurately reflect calculation within industry standards.

CHAPTER NUMBER AND TITLE: Ch. 4, Sprinkler Systems
ADOPTED RULE NUMBER: 2003-166
CONCISE SUMMARY: This rule is proposed for adjustment of fees and license validation period of Responsible Managing Supervisor, Fire Sprinkler System Contractor and Fire Sprinkler Inspector's license.

EFFECTIVE DATE: June 1, 2003
AGENCY CONTACT PERSON: Joseph E. Thomas, Planning and Research
AGENCY NAME: Office of State Fire Marshal
ADDRESS: 52 State House Station, Augusta, ME 04333-0052
TELEPHONE: (207) 624-8963


AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 15, Batterer Intervention Program Certification
ADOPTED RULE NUMBER: 2003-167
CONCISE SUMMARY: The Maine Department of Corrections is finally adopting the existing standards for the certification of batterer intervention programs pursuant to 19-A MRSA 4014 to revise the Standards as a result of the 2002 biannual review. The revisions to the Batterer Intervention standards will result in improved operation of the Batterer Intervention Programs.
EFFECTIVE DATE: June 26, 2003
AGENCY NAME: Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111, Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 16-222 - Bureau of Maine State Police
CHAPTER NUMIBER AND TITLE: Ch. 4, Motor Carrier Safety Rules
ADOPTED RULE NumBER: 2003-168
CONCISE SUMMARY: These rules adopt by reference and prescribe the requirements of the Department of Public Safety governing the safe operations of motor carriers as found in 49 Code of Federal Regulations Parts 40, 382, 390, 391, 392, 393, 395, 396, and Appendices B and G as referenced in the aforementioned parts.
EFFECTIVE DATE: June 1, 2003
AGENCY CONTACT PERSON: John Fraser
AGENCY NAME: Maine State Police
ADDRESS: # 20 State House Station, Augusta, Me 04333
TELEPHONE: (207) 624-8939


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #06-03
ADOPTED RULE NUMBER: 2003-171
CONCISE SUMMARY: Minimum June, 2003 Class I price is $12.99 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 $14.83. Class II minimums set at $10.59 for April, 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: June 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. 243, Uniform Reporting System for Health Care Claims Data Sets
ADOPTED RULE NUMBER: 2003-173
CONCISE SUMMARY: This chapter contains the provisions for filing health care claims data sets from all third-party payers, third-party administrators, and carriers that provide only administrative services for a plan sponsor. It is being amended to clarify the submission requirements, the timeline and periods for filing the data and the claims policies to be excluded.
EFFECTIVE DATE: June 3, 2003
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


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 97, Private Non-Medical Institutions
ADOPTED RULE NUMBER: 2003-174
CONCISE SUMMARY: These final rules provide clarification of covered services and non-duplication of services. The Department has revised bed-hold policy and moved it to the Limitations section of Ch. II. The Department will now allow 45 days held for residents of PNMIs without prior authorization, so long as appropriate billing codes are utilized and documentation is kept by the facility. The Department will not reimburse facilities for any additional days beyond the 45th day without appropriate prior authorization. Changes provide other minor clarifications and definitions and update the recent name change of this program to MaineCare, and the name of this manual to MaineCare Benefits Manual (MBM). The Department will adopt Ch. III, Section 97 emergency rules, which cover principles of reimbursement for private non-medical institutions, as a separate rulemaking.
EFFECTIVE DATE: June 3, 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: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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