Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

June 12, 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: 16-222 - Bureau of State Police
RULE TITLE OR SUBJECT: Ch. 11, License For The Transportation of Hazardous Materials Rules
PROPOSED RULE NUMBER: 2002-P152
CONCISE SUMMARY The purpose of this notice is the repeal of Ch. 11 which was the requirement for a license for the transportation of hazardous materials. Ch. 11 was first adopted February 1, 1989 but the statutory authority in Title 29 MRSA Section 246-B was repealed in 1990. Inadvertently, the repeal of Ch. 11 did not occur at the same time.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Laws 1989, c.845, 1, effective July 1, 1990, repealed 29 MRSA 246-B, which had authorized the State Police to adopt this chapter.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 12, 2002
AGENCY CONTACT PERSON: John Fraser
AGENCY NAME: Bureau of State Police
ADDRESS: # 20 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8939


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 2.90, Limited-purpose aquaculture (LPA) license
Ch. 2.05, Definitions
PROPOSED RULE NUMBER: 2002-P153
CONCISE SUMMARY: The proposed regulations would establish the guidelines for the issuance of a limited-purpose aquaculture (LPA) license in accordance with 12 MRSA 6072-C, which became effective August 11, 2000. These rules have been revised as a result of public comment received during a prior rulemaking that included four public hearings held during the first week in April 2002. An LPA license would expire at the end of each calendar year and a single individual could obtain up to 4 licenses per year at $50.00 per license. The issuance of LPA's would be limited to licenses for the cultivation of oysters, quahogs, blue mussels, hen clams or soft shell clams. Applications would require information on the shellfish source, applicable permits for shellfish movement, site plan information showing that the total area of the site does not exceed the statutory 400 square foot limit; gear type(s); certified notification of riparians within 300 feet and a town official's signature. Revisions were made to the transfer permit requirements, signature requirements and hatchery, certification, as well as other technical clarification and rewording. A copy of the revised rule is available at www.maine.gov/dmr/rulemaking.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6072-C
PUBLIC HEARINGS: None scheduled, one may be requested.
DEADLINE FOR COMMENTS: Friday, July 12, 2002
AGENCY CONTACT PERSON: Andrew Fisk
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6554
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
WEB SITE: www.maine.gov/dmr/rulemaking


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.96, Lobster Apprentice Program
PROPOSED RULE NUMBER: 2002-P154
CONCISE SUMMARY: The Department of Marine Resources proposes changes and updates to Ch. 25.96, the Lobster Apprentice Program. The proposed changes: directs that a student or apprentice shall be removed from a waiting list for a class I, II or III lobster and crab license for a limited-entry zone following suspension for a violation of a marine resources law and reinstated at the bottom of the waiting list following notification to the Department of eligibility for a license upon completion of the suspension; limits the number of logged days working on land (gear or repair days) to 20% or 40 total days of the required 200 documented fishing days, excluding boat repairs; removes sections that pertain to waivers and exceptions no longer in effect by repealed laws; replaces "log books" with "log sheets" to reduce redundancy in the forms and in turn reduce mailing costs to both the apprentice/students and the agency; requires log entries to document the zone district where the apprentice/student fished; and updates information on where to obtain log sheets that are now also available from the Department's web site.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6421, 6422 and 6448
PUBLIC HEARING: None scheduled, one may be requested.
DEADLINE FOR COMMENTS: Friday, July 12, 2002
AGENCY CONTACT PERSON: Lisa Cote, License Eligibility Specialist
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6550
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25.04, Lobster Trawl Limits on Casco Bay (clerical correction)
PROPOSED RULE NUMBER: 2002-P155
CONCISE SUMMARY: The US Coast Guard has changed the "N-4" designation number to "N-10" on the Green Island Ledge navigation buoy located due southeasterly of Parker Point, Yarmouth in Casco Bay. The fishing area described in Ch. 25.04 refers to the "Green Island Ledge Buoy N-4" and therefore an amendment is required. The agency proposes to remove "N-4" from the regulation and therefore simplify the area description to the "Green Island Ledge Buoy".
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, July 12, 2002
AGENCY CONTACT PERSON: Lt. David S. Mercier
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04675-0008
TELEPHONE: (207) 633-9595
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
WEB SITE: www.maine.gov/dmr/rulemaking


AGENCY: 03-201 - Department of Corrections

CHAPTER NUMBER AND, TITLE: Ch. 10, Subsection 20.1, Policy and Procedures Manual - Prisoner Discipline
PROPOSED RULE NUMBER: 2002-P156
CONCISE SUMMARY: Designate adult disciplinary violations and dispositions for the purposes of maintaining the orderly management and promoting safety and security for the MDOC adult correctional facilities.

CHAPTER NUMBER AND TITLE: Ch. 10, Subsection 15.3, Policy and Procedures Manual - Resident Discipline System
PROPOSED RULE NUMBER: 2002-P157
CONCISE SUMMARY: Designate juvenile disciplinary violations and dispositions for the purposes of maintaining the orderly management and promoting safety and security for the MDOC juvenile correctional facilities.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA 1402, 1403, 3032
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 15, 2002
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


ADOPTIONS

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

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II, Section 4, Ambulatory Surgical Center Services
ADOPTED RULE NUMBER: 2002-164
CONCISE SUMMARY: This rule updates billing and procedure code requirements for compatibility with HIPAA and the Maine Claims Management System (MECMS). MECMS requires utilization of standardized coding formats, including American Medical Association Current Procedural Terminology (CPT) codes and Medicare's National Level II Codes, HCPCS. The Department added clarification of CPT and HCPCS coding in Ch. II, including the requirement that providers use L codes identified in HCPCS when billing for prosthetic devices reimbursed under this Section. Ch. III is repealed. These policy changes do not affect rates of reimbursement.

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II, Section 101, Medical Imaging Services
ADOPTED RULE NUMBER: 2002-165
CONCISE SUMMARY: These rule changes update some definitions for procedures covered under this section and clarify covered services. The rule adds criteria for portable x-ray and mobile medical imaging procedures. Rule changes also contain other clarifications, minor edits and updates. Some provisions that are covered in Ch. I are removed from this Section. These rule changes also reflect the recent name change of this program to MaineCare, and the name of this manual to the MaineCare Benefits Manual.

EFFECTIVE DATE: June 5, 2002
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy & Provider Services, Bureau of Medical Services
ADDRESS: 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/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (formerly the Maine Medical Assistance Manual): Ch. III, Section 111, Substance Abuse Treatment Services
ADOPTED RULE NUMBER: 2002-166
CONCISE SUMMARY: This final rule changes rates for Masters level social workers and Masters level psychiatric nurses in order to make their rates comparable to other Masters level professionals who deliver substance abuse services. Various coding changes have also been made.
EFFECTIVE DATE: June 5, 2002
AGENCY CONTACT PERSON: Julia White, Medical Care Administrator
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9364 or 1 (800) 321-5557, option 1
TTY: (207) 287-1828, 1 (800) 423-4331


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 305, Amendment 5, Oil Storage Facility or Tank Replacement Program
ADOPTED RULE NUMBER: 2002-167
CONCISE SUMMARY: This amendment to the rule expands the categories of eligible projects to include loans to renovate certain oil storage facilities or tanks. In addition, the amendments: clarify the type and level of supervision or certification required of certain projects; limit the amount of loans and grants available to a certain category of projects to $1,000,000 in a 12-month period; and adjust the floor interest rate to reflect a lowered prime rate.
EFFECTIVE DATE: June 5, 2002
AGENCY CONTACT PERSON: Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 611, Amendment 3, Maine College Savings Program
ADOPTED RULE NUMBER: 2002-168
CONCISE SUMMARY: The rule amendment implements program changes required to obtain a private letter ruling from the Internal Revenue Service, changes necessary to comply with Notice 2001-55 and Notice 2001-81 issued by the Internal Revenue Service in September 2001 and December 2001 respectively. Additionally, the amendment adds a section to provide for rescission of a contribution to the program. The amendment also makes modifications to the matching grant program to assure that funds allocated to accounts are not used immediately and to provide a remedy in the event of a fraudulent application.
EFFECTIVE DATE: June 5, 2002
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice) TDD: (207) 626-2715


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

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III, Section 110, Speech-Language Pathology Services
ADOPTED RULE NUMBER: 2002-169
CONCISE SUMMARY: This rule will implement the Legislative act to increase the rate of reimbursement for MaineCare providers of speech-language pathology services to 50% of their usual and customary charges as determined by the Department.

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III, Section 68, Occupational Therapy Services
ADOPTED RULE NUMBER: 2002-170
CONCISE SUMMARY: This rule will implement the Legislative act to increase the rate of reimbursement for MaineCare providers of occupational therapy services to 50% of their usual and customary charges as determined by the Department.

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III, Section 85, Physical Therapy Services
ADOPTED RULE NUMBER: 2002-171
CONCISE SUMNIARY: This rule will implement the Legislative act to increase the rate of reimbursement for MaineCare providers of physical therapy services to 50% of their usual and customary charges as determined by the Department.

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III, Section 10, Audiology Services
ADOPTED RULE NUMBER: 2002-171
CONCISE SUMMARY: This rule will implement the Legislative act to increase the rate of reimbursement for MaineCare providers of audiology services to 50% of their usual and customary charges as determined by the Department.

EFFECTIVE DATE: June 4, 2002
AGENCY CONTACT PERSON: Kip Neale, Medical Care Administrator
AGENCY NAME: Division of MaineCare Policy & Provider Services
ADDRESS: 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 04-061 - Department of Conservation, Maine Land Use Regulation Commission

CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards (specifically clearing and related standards)
ADOPTED RULE NUMBER: 2002-176
CONCISE SUMMARY: The Maine Land Use Regulation Commission has adopted amendments to its clearing for development standards, Section 10.17, A(2) and related changes to its standards for mineral exploration and extraction (Section 10.17, A(3)), and filling and grading (Section 10.17, A(6)). The purpose of these rule changes was principally to respond to a legislative resolve of the Second Regular Session of the 119th Legislature that directed the Land Use Regulation Commission and the Department of Environmental Protection to adopt consistent rules regarding the cutting and removal of vegetation adjacent to protected resources. The Commission amended other rules that are inconsistent with the clearing standards. These rules were provisionally adopted by the Commission in December 2001 and subsequently submitted to the legislature for consideration in January 2002. Through enactment of LD 2095, the legislature authorized final adoption of these rules provided certain additional amendments were made to the Commission's rules regarding mineral extraction activities. Final adoption of these rules was accomplished by the Commission on May 8, 2002.

CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
ADOPTED RULE NUMBER: 2002-177
CONCISE SUMMARY: The Maine Land Use Regulation Commission adopted amendments to its Land Use Districts and Standards. Most of these rule changes incorporate changes to the Commission's enabling statute at 12 MRSA 681-689 enacted by the 1st Regular Session of the 120th Legislature. These include changes in certain definitions, subdivision exemptions, and variance provisions. In addition to these statutory changes, the Commission adopted changes to the definition of "expansion of a structure" and companion changes in Section 10.11, Nonconforming Uses and Structures. These latter changes were prompted by the difficulty staff was having with enclosure of decks or porches for nonconforming structures. Essentially a strict reading of the current rule resulted in double counting the floor space of decks and porches when they were proposed for enclosure.

EFFECTIVE DATE: July 1, 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: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Ch. 530, Provisional Medical or Disability Payments to Workers' Compensation Claimants
ADOPTED RULE NUMBER: 2002-178
CONCISE SUMMARY: This Rule establishes procedural requirements governing the payment of medical and disability benefits by health, disability, and workers' compensation insurance companies so that injured workers whose workers' compensation claims have been controverted and who are awaiting Workers' Compensation Board determinations shall not incur any unnecessary financial burden.
EFFECTIVE DATE: June 9, 2002
AGENCY CONTACT PERSON: Jennifer Rice
AGEN9Y NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
Phone: (207) 624-8460


AGENCY: 02-333 - Board of Licensure of Foresters
CHAPTER NUMBER AND TITLE:
Ch. 50, Variance from Educational Qualifications for Issuance of an Intern Forester License
Ch. 90, Registration of Foresters for the Supervision of Unlicensed Personnel
ADOPTED RULE NUMBER: 2002-180 and 2002-181
CONCISE SUMMARY: Ch. 50 provides a pathway to licensure for applicants who do not meet the educational qualifications contained in Ch. 40 of the board's rules. Ch. 90 requires a forester who anticipates supervising unlicensed persons to annually register with the board, requires the supervising forester and unlicensed persons to enter into a written supervision agreement, and describes a supervising forester's responsibility for activities of unlicensed persons.
EFFECTIVE DATE: July 4, 2002
AGENCY CONTACT PERSON: Carol Leighton, Board Administrator
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8520


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