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Weekly Rulemaking Notices Contact Us Find It

August 27, 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: 29-250 - Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 103, Rules for Vehicle Dealers, Auctions, Transporters, and Loaners
PROPOSED RULE NUMBER: 2003-P194
CONCISE SUMMARY: These rules establish requirements for licensing and for receipt of registration plates for vehicle dealers, persons in the business of conducting vehicle auctions and holders of loaner and transporter plates. The rules set forth required facilities, equipment, records and hours and describe required application procedures, and the rules give requirements for annexes and for secondary locations.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA 462 sub-1-A
PUBLICHEARING: September 15, 2003, 10:00 a.m., Bureau of Motor Vehicles, 101 Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 27, 2003
AGENCY CONTACT PERSON: Susan Harris-Pomerleau
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: Division of Vehicle Services, Dealer and Agent Services, 101 Hospital Street, Augusta, Maine 04333
TELEPHONE: (207) 624-9243


AGENCY: 14-197 - Department of Behavioral and Developmental Services
RULE TITLE OR SUBJECT: Ch. 10, Certification Requirements for Agencies Seeking to Provide MaineCare Services Under Section 13.05, MaineCare Benefits Manual
PROPOSED RULE NUMBER: 2003-P197
CONCISE SUMMARY: This rule establishes reasonable minimum standards for agencies seeking to provide case management to adults with mental retardation under Section 13.05, MaineCare Benefits Manual and provides for a certification process. The health and general welfare of citizens eligible for this service will be advanced by reducing caseloads of overburdened state case managers, reducing the waiting period for case management services and providing for quicker implementation of needed services, providing choice for eligible consumers and their families. It will assist in the state's compliance efforts in the Rancourt and Community Consent Decree federal class action cases.
THIS RULE WILLL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 1203
PUBLIC HEARING: l p.m., September 18, 2003, Conference Room 1A, Marquardt Building, East Campus, Augusta ME
DEADLINE FOR COMMENTS: September 29, 2003
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Department of Behavioral and Developmental Services
ADDRESS: 40 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7368 (V)
TTY: (207) 287-2000


AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 902, A Low-Cost Drug Card Program for the Elderly and Disabled
PROPOSED RULE NUMBER: 2003-P198
CONCISE SUMMARY: This rule is being repealed since the Low-Cost Drug Card Program is now administered by the Department of Human Services.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 36 MRSA 112
PUBLIC HEARING None scheduled as yet.
DEADLINE FOR COMMENTS: September 26, 2003
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 115, Principles of Reimbursement for Residential Care Facilities
PROPOSED RULE NUMBER: 2003-P199
CONCISE SUMMARY: The proposed rules eliminate return on equity provisions for both nonprofit and for-profit private non-medical institutions in facilities covered under Appendix C, as legislatively mandated under PL 2003, Ch. 20.
The rules clarify that bed-hold days for the room and board portion are only reimbursed at 75% of the usual rate. The proposed rules also update the upper gross limits on routine costs per day, to reflect changes in the program allowance for the PNMI portion of the facility's reimbursement. The proposed rules also clarify the informal review process for prior approval of capital expenditures.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 142, 3173, PL 2003, ch. 20.
PUBLIC HEARING:
Date: September 17, 2003, 1:30 p.m.
Location: Department of Human Services, 442 Civic Center Drive, Augusta, Maine 04333-0011.
Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before September 10, 2003
DEADLINE FOR COMMENTS: September 27, 2003
AGENCY CONTACT PERSON: Marianne Ringel
AGENCY NAME: Division of Policy and Provider Services, Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9371
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 314, Regional Economic Development Revolving Loan Program (Amendment 4)
PROPOSED RULE NUMBER: 2003-P200
CONCISE SUMMARY: The Amendment is necessary to incorporate changes to the program mandated by PL 2003 Ch. 195, to lower the matching funds requirement for smaller loans. Other minor changes were made to clarify the maximum fees that an applicant can assess to the borrower, how they can be assessed, and what those fees can be used for.
THIS AMENDMENT WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14); 10 MRSA 1026-M(1l); P.L. 2002, Ch. 639
PUBLIC HEARING: 10:00 a.m., September 18, 2003, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before September 18, 2003, and are due on or prior to September 29, 2003. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 94-178 - Kim Wallace Adaptive Equipment Loan Program Fund Board
RULE TITLE OR SUBJECT: Ch. 501, Kim Wallace Adaptive Equipment Loan Program Fund Board (Amendment 7)
PROPOSED RULE NUMBER: 2003-P201
CONCISE SUMMARY: This amendment adds a 2 year pilot program whereunder the Board will make smaller loans to disabled individuals to purchase automobiles for employment or employment training purposes, in accordance with PL 2003, Ch. 99.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 364
PUBLIC HEARING: None unless requested by 5 or more interested persons.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before September 29, 2003
AGENCY CONTACT PERSON: Christopher H. Roney, Counsel to the Board, c/o Finance Authority of Maine, PO Box 949, 5 Community Drive Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095 (FAX)


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 601, The Maine State Grant Program (MSGP) (Amendment 8)
PROPOSED RULE NUMBER: 2003-P202
CONCISE SUMMARY: This rule amendment implements the changes to the Program made by PL 2003, Ch. 103. The formula for determination of need has changed
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), 20-A MRSA 11617(2).
PUBLIC HEARING: 10:00 a.m., September 18, 2003, Finance Authority of Maine, 5 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: Written comments are requested on or before September 18, 2003 but will be accepted on or before September 29, 2003. Oral or written comments may be presented at the hearing.
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
FAX: (207) 623-0095


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 608, Tuition Waiver Program (Amendment 3)
PROPOSED RULE NUMBER: 2003-P203
CONCISE SUMMARY: This amendment increases the number of annual waivers that can be granted to 30, and specifies how certain of the waivers must be allocated among state postsecondary educational institutions, in accordance with PL 2003, Ch. 187.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14); 20-A MRSA 12573
PUBLIC HEARING: 10:00 a.m., September 18, 2003, Finance Authority of Maine, 5 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: Written comments are requested prior to September 18, 2003, but will be accepted until September 29, 2003.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy 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
FAX: (207) 623-0095


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 610, Rules for the Conduct of the Educators for Maine Program - Repeal And Replace
PROPOSED RULE NUMBER: 2003-P204
CONCISE SUMMARY: This rule details the procedures to be utilized in the conduct of the Educators for Maine Program, which provides financial assistance for post-secondary education to undergraduate students and students pursuing post-baccalaureate certification who demonstrate academic achievement and an interest in pursuing a career in teaching, including speech pathologists in schools, or child care, in Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(114), 20-A MRSA 12501 et seq.
PUBLIC HEARING: 10:00 a.m., September 18, 2003, Finance Authority of Maine, 5 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: Written comments are requested on or before September 18, 2003 but will be accepted on or before September 29, 2003. Oral or written comments may be presented at the hearing.
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
FAX: (207) 623-0095


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 615, Higher Education Loan Purchase Program
PROPOSED RULE NUMBER: 2003-P205
CONCISE SUMMARY: This chapter implements the Higher Education Loan Purchase Program. It provides that FAME may not originate federally guaranteed student loans, except for consolidation loans.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 11407(5)
PUBLIC HEARING: 10:00 a.m., September 18, 2003, Finance Authority of Maine, 5 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before September 18, 2003, but will be accepted on or before September 29, 2003. Oral or written comments may be presented at the hearing.
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
FAX: (201) 623-0095


ADOPTIONS: None.

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