Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
FAX (207) 287-6545
June 13, 2001
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/.
- Department of Administrative and Financial Services, Bureau of Revenue
RULE TITLE OR SUBJECT: Ch. 810, Maine Unitary Business Taxable
Income, Combined Reports and Tax Returns
PROPOSED RULE NUMBER: 2001-P147
CONCISE SUMMARY: The purpose of the proposed rule is to establish standards
for determining Maine income tax for unitary businesses and for filing
combined reports and the related income tax returns. The proposed Rule
810 provides guidance for computing "taxable income under the laws of
the United States" in the case of a unitary business that is included
in a larger group of affiliated corporations who filed a federal consolidated
return, as well as in other situations involving a unitary business.
It also provides guidance for computing state modifications, Maine net
income, and Maine income tax. Also addressed are differing year-end
dates, use of credits, single or separate returns, and allocation and
use of net operating loss deductions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 MRSA §112
PUBLIC HEARING None scheduled as yet.
DEADLINE FOR COMMENTS: July 13, 2001
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine
Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681
- Department of Human Services, Bureau of Medical Services, Division
of Medicaid Policy and Programs
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual:
Ch. II and III, Section 60, Medical Supplies and Durable Medical
PROPOSED RULE NUMBER: 2001-P148
CONCISE SUMMARY: These changes constitute a major revision of the rule.
They include, but are not limited to, substantially reducing the need
for prior authorization, allowing providers to use Medicare forms in
place of Medicaid forms for prior authorization purposes, increasing
the limit on allowable mark-up from $1,500 to $2,000 and establishing
a monthly rate for oxygen services. Chapter 3, Section 60 is repealed.
The Department will produce annually an automated list of codes and
reimbursement rates in place of the repealed Chapter III.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING: July 3, 2001, Augusta Civic Center, Arnold/Howard Room,
Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: July 16, 2001
AGENCY CONTACT PERSON: Gregory Nadeau, Comprehensive Health Planner
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5515 or 1-(800) 321-5557, option I
TTY: (207) 287-1828/ 1-(800) 423-4331
- Department of Human Services, Bureau of Health, Division of Health
CHAPTER NUMBER AND TITLE: Ch. 245, Rules for Site Evaluators
of Subsurface Wastewater Disposal Systems
ADOPTED RULE NUMBER: 2001-191
CONCISE SUMMARY: These Rules set the minimum standards for licensing
of individuals to design subsurface wastewater disposal systems (septic
tanks and absorption fields) for safe onsite disposal of domestic sewage
and non-industrial wastewater.
EFFECTIVE DATE: July 1, 2001
AGENCY CONTACT PERSON: W. Clough Toppan, Director
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta, ME 04333
TELEPHONE: (207) 287-5686
TTY: (207) 287-2070
FAX: (207) 287-3165
- Board of Dental Examiners
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to Dental Hygienists
ADOPTED RULE NUMBER: 2001-192
CONCISE SUMMARY: The Board engaged in consensus-based rulemaking to
amend the rule, as a result of Legislative Resolve 104, to make Public
Health Supervision (PHS) status for dental hygienists less restrictive.
The rule, as amended, expands the scope of practice settings for PHS
and lists the roles and responsibilities of both the hygienist and the
supervising dentist. It also revises the criteria that the Board will
use to assess requests for PHS status, and outlines the application
and approval process, as well as the reporting requirements. Finally,
it contains a provision concerning the availability and mechanism for
reimbursement of services provided by the hygienist when working under
EFFECTIVE DATE: June 10, 2001
AGENCY CONTACT PERSON: Anita C. Merrow
AGENCY NAME: Board of Dental Examiners
ADDRESS: 143 State House Station, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333
- Department of Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services
ADOPTED RULE NUMBER: 2001-193
CONCISE SUMMARY: This adopted rule amends Section 73, Personal Care
Assistance for Severely Disabled Adults, of the Bureau of Elder and
Adults Services Policy Manual. They include, but are not limited to,
reorganization of the section to make it consistent with other consumer-directed
home care programs, the addition of Task Time Allowances and amendments
to the definition, eligibility, covered services and non-covered services
part of the section.
EFFECTIVE DATE: July 1, 2001
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: 11 State House Station, 35 Anthony Ave., Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5335. Toll free: 1-(800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925
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