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Weekly Rulemaking Notices Contact Us Find It

September 3, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #10-03
PROPOSED RULE NUMBER: 2003-P206
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: 2:00 p.m., Friday, September 19, 2003, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: September 19, 2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 31, Potato Marketing Improvement Fund
RULE NUMBER: 2003-P207
CONCISE SUMMARY: This rulemaking will change the makeup of the project review committee by reducing the membership from thirteen to eight. The maximum loan for storage retrofit loan program will be increased from $27,500 to $55,000.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA Ch. 110 Sec. 1023-N, and 7 MRSA Ch. 103 Sec. 973-A.
PUBLIC HEARING: None Scheduled at this time; one may be requested.
DEADLINE FOR COMMENTS: 5:00 p.m., Monday, October 6th, 2003
AGENCY CONTACT PERSON: Mary Ellen Johnston, Director, Division of Market and Production Development, Department of Agriculture, Food and Rural Resources, 28 State House Station, AMHI Annex, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3491
FAX: (207) 287-5576


AGENCY: 94-591 - Motor Carrier Review Board

RULE TITLE OR SUBJECT: Ch. 1, Bylaws of the Maine Motor Carrier Review Board
PROPOSED RULE NUMBER: 2003-P208
CONCISE SUMMARY: This chapter modifies the Maine Motor Carrier Review Board bylaws.

RULE TITLE OR SUBJECT: Ch. 2, Selection and Review Process
PROPOSED RULE NUMBER: 2003-209
CONCISE SUMMARY: This chapter establishes the carrier selection process and standards for review. The chapter also enacts definitions used throughout the rule.

RULE TITLE OR SUBJECT: Ch. 3, Hearings Process
PROPOSED RULE NUMBER: 2003-P210
CONCISE SUMMARY: This chapter establishes the MCRB's hearings process in accordance with the Administrative Procedure Act.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 1995 c. 376; 29-A MRSA 562
PUBLIC HEARING: September 23, 2003, BMV, 101 Hospital St., Augusta, Maine @ 9:00 a.m.
DEADLINE FOR COMMENTS: October 3, 2003
AGENCY CONTACT PERSON: Garry Hinkley
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: (207) 624-9055


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Amendments to Rule Ch. 275, Medicare Supplement Insurance (2003 Revision)
PROPOSED RULE NUMBER: 2003-P211
CONCISE SUMMARY: The purpose of this Rule is to provide for the reasonable standardization of coverage and simplification of terms and benefits of Medicare supplement policies; to facilitate public understanding and comparison of such policies; to eliminate provisions contained in such policies which may be misleading or confusing in connection with the purchase of such policies or with the settlement of claims; and to provide for full disclosures in the sale of accident and sickness insurance coverages to persons eligible for Medicare.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This Rule is issued pursuant to the authority vested in the Superintendent of Insurance under 24 MRSA 2328 and 24-A MRSA 212, 2413(l)(F), 4207(9), 5002, 5003, 5002-A, 5002-13, 5005, 501O-A, and 5011.
PUBLIC HEARING: September 22, 2003 in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: Friday October 3, 2003 at 5:00 p.m.
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333 (207) 624-8460


AGENCY: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 5, Medical Fees: Reimbursement Levels; Reporting Requirements
PROPOSED RULE NUMBER: 2003-P212
CONCISE SUMMARY: This chapter outlines billing procedures and reimbursement levels to health care providers and sets standards for health care reporting. We are proposing an amendment to the medical fee schedule to incorporate the 2003 Physician's Current Procedural Terminology and the 2003 Medicare RBRVS in order to incorporate appropriate changes in levels of reimbursement. In addition, this proposal includes a definition of the terms "Inpatient" and "TC modifier"; clarifies procedures relative to CPT disputes; clarifies modifiers; standardizes reimbursement for mileage, lodging and meals; and removes the Quick Reference Guide.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA 152(2) and 209
PUBLIC HEARING: Thursday, September 25, 2003, 9:30 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, October 6, 2003, 5:00 p.m.
AGENCY CONTACT PERSON: Melinda Porter
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, ME 04333-0027
TELEPHONE: (207) 287-7080


AGENCY: 94-630 - Maine Biomedical Research Board
RULE TITLE OR SUBJECT: Ch. 1, Biomedical Research Fund
PROPOSED RULE NUMBER: 2003-P213
CONCISE SUMMARY: The Maine Biomedical Research Program is established to disburse program funds to eligible not-for-profit biomedical research institutions. Program funds are intended to support biomedical research in this State. An eligible institution receiving program funds under this section may use those funds for any of the following purposes; project funding; facilities funding, including debt service; equipment used in research, including debt service; or ancillary support. The purpose of the rule is to define the criteria and proposal process for applications to the fund.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 13103 sub- 9
PUBLIC HEARING: None - one will be scheduled if five or more people request one.
DEADLINE FOR COMMENTS: October 5, 2003
AGENCY CONTACT PERSON: Martha Bentley
AGENCY NAME: Maine Biomedical Research Board
ADDRESS: 2E Mechanic Street, Gardiner, ME 04345
TELEPHONE: (207) 685-3317


ADOPTIONS

AGENCY: 14-197 - Department of Behavioral and Developmental Services

CHAPTER NUMBER AND TITLE: Ch. 6, Regulations Governing Adult Protective Assessments & Investigations for Person with Mental Retardation and Autism
ADOPTED RULE NUMBER: 2003-287
CONCISE SUMMARY: The Department of Behavioral and Developmental Services (BDS) is responsible for investigating allegations of abuse, neglect or exploitation or the substantial risk of abuse, neglect or exploitation of adults with mental retardation and/or autism who are incapacitated or dependent. Adult Protective Services is the unit within the Department that carries, out this function. It is the policy of the Department that protective services are intended to allow the incapacitated or dependent adult the same rights as other citizens and to keep the adult safe. The objectives are to mobilize the adult's own strengths; to utilize community resources to improve the adult's ability to function and to live his life in safety, dignity, and with as much satisfaction, enjoyment and comfort as possible; to prevent unnecessary or inappropriate institutionalization; to safeguard the rights and resources and maintain the physical and mental health of the adult; to prevent injury to the adult; and to recognize and preserve the rights of self-determination and self-care of the adult.

CHAPTER NUMBER AND TITLE: Ch. 9, Reporting, Investigation and Review of
Reportable Events
ADOPTED RULE NUMBER: 2003-288
CONCISE SUMMARY: It is the policy of the Department of Behavioral and Developmental Services (BDS) that adults with mental retardation or autism shall enjoy the same rights as other citizens, while at the same time be protected from abuse, neglect, and exploitation. In order to safeguard those rights, it is the purpose of this rule to identify the manner in which deviations from this standard shall be reported to BDS, investigated, and reviewed, with the concurrent goal of utilizing this information to prevent and correct problems in the service delivery system and reduce the risk of recurrence. BDS has the statutory authority to provide Adult Protective Services for adults with mental retardation and autism including review and investigation. [22 MRSA 3472]
This rule establishes uniform procedures and forms for documenting, reporting, investigating and reviewing events that have or may have an adverse impact upon the safety, welfare, rights or dignity of adults with mental retardation or autism. This rule applies to staff of BDS, the Office of Advocacy and to individuals and agencies providing residential, day habilitation or employment services that are licensed, funded or regulated by BDS.

EFFECTIVE DATE: September 15, 2003
AGENCY CONTACT PERSON: Nancy Christensen, Director, Special Projects
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: 09-137 - Department of Inland Fisheries & Wildlife

CHAPTER NUMBER AND TITLE: Ch. 1, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2003-289
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted an emergency rule closing to all fishing that portion of the Narraguagus River from the ice control dam to the railroad bridge in the Town of Cherryfield. Closing the area will significantly reduce the incidental capture of adult Atlantic salmon.
The adopted regulation reads as follows: Narraguagus River. Closed to all fishing from the ice control dam to the railroad bridge in the town of Cherryfield.
EFFECTIVE DATE: August 22, 2003

CHAPTER NUMBER AND TITLE: Ch. 4 (4.02), Migratory Bird Hunting
ADOPTED RULE NUMBER: 2003-290
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted rules establishing season dates, daily limits and possession limits on sea ducks, ducks, geese and other migratory game birds for the 2003 Migratory Bird Hunting Season. These rules are adopted in accordance with the guidelines of the Federal Migratory Bird Treaty Act. Detailed rules may be obtained from the Agency Contact Person and will also be available at License Agent locations throughout the State.
EFFECTIVE DATE: August 31, 2003

AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201.


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #09-03
ADOPTED RULE NUMBER: 2003-291
CONCISE SUMMARY: Minimum September, 2003 Class I price is $16.96 plus $1.04/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in southern New England for a total of $19.10. Class II minimums set at $10.78 for July, 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: September 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: 19-498 - DECD/OCD - Department of Economic and Community Development, Office of Community Development
CHAPTER NUMBER AND TITLE: Ch. 32, Program Statement for Administering the 2004 Maine Community Development Block Grant Program. (19-498 CMR Ch. 32)
ADOPTED RULE NUMBER: 2003-292
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: September 1, 2003
AGENCY CONTACT PERSON: Michael D. Baran, Technical Assistance Program Manager
AGENCY NAME: Department of Economic & Community Development, Office of Community Development.
ADDRESS: DECD/OCD, State House Station 59, 111 Sewall Street, Augusta, Maine 04333-0059
TELEPHONE:.(207) 624-9816


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