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October 22, 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: 14-472 - Department of Behavioral and Developmental Services
RULE TITLE OR SUBJECT: Ch. 4, Licensing Rules for Day Habilitation and Case Management Services Provided to Children with Mental Retardation and Autism
PROPOSED RULE NUMBER: 2003-P244
CONCISE SUMMARY: This rule establishes minimum standards for agency organization and management, staff training and supervision, treatment planning and delivery, for case management and freestanding day habilitation services provided to children with mental retardation and/or autism. This rule has been refiled to permit public comment to address concerns raised after the closing of the first filing. Persons wishing to make comments must address them in writing to the agency contact person by 5 p.m., November 21, 2003. Comments may be provided by email, fax or postal mail.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 1203-A
PUBLIC HEARING: No public hearing.
DEADLINE FOR COMMENTS: November 21, 2003, 5 p.m.
AGENCY CONTACT PERSON: Nancy Christensen
AGENCY NAME: Department of Behavioral and Decelopmental Services
ADDRESS: 40 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-7368 (V)
TTY: (207) 287-2000
FAX: (207) 287-4291
E-MAIL: nancy.christensen@maine.gov


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 410, Return to Work for Retirees
PROPOSED RULE NUMBER: 2003-P245
CONCISE SUMMARY: The rule is required in order for the System to administer the repeal of the restoration to service provisions in accordance with State and Federal laws and regulations. The proposed rule: (1) Establishes a waiver that must be executed by each retiree to acknowledge that no future accruals of service credit or retirement benefits will result if the retiree returns to work; (2) Establishes the conditions under which a member may receive an MSRS benefit when retiring prior to normal retirement age; and (3) Establishes the reporting requirements that apply to employers that hire retirees who are returning to work.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 17103(4) and PL 2003, Ch. 387
PUBLIC HEARING: November 13, 2003, 9:05 a.m., Maine State Retirement System, Second Floor Conference Room, Two Central Plaza, Augusta, Maine 04333
DEADLINE FOR COMMENTS: November 24, 2003
AGENCY CONTACT PERSON: Kathy Morin
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or (800) 451-9800


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT:
Ch. 8 Landings Program - a new chapter to consolidate reporting requirements contained in the following chapters: 15.14 (Shellfish Reports); 26.10 (Urchin, Log Book); 28.10 (Marine Worm Dealer Reporting); 32.02 (Elver Harvest Reporting Requirements); 36.01 (Herring Management Plan); 25.40 (Green crabs); 27.03 (Sea Cucumber Endorsement and Reporting Regulations); 29.10 (Reporting of Seaweed Harvesting); 31.05 (Horseshoe Crabs - Permit and Reporting requirements); 32.04 (Eel Harvest Reporting Requirements); 34.10(1)(B)(4)(b)(vi) (Atlantic halibut reporting); 34.10(1)(B)(4)(c)(iv) (Whiting reporting requirements); 45.24 (Shrimp, reporting of catch); 49 (Shellfish Bait Permit); and 55.04(C) (Maine Gillnet Bait Fishing Regulations, Reporting)
PROPOSED RULE NUMBER: 2003-P246
CONCISE SUMMARY: The proposed regulations would consolidate and relocate landings reporting requirements from existing chapters to a single new regulation - Ch. 8 Landings Program. This consolidation of reporting requirements is an initial step to provide accuracy and continuity for the reporting of catches and landings of regulated marine organisms and to bring the Maine DMR landings program and data into conformity with the Atlantic Coastal Cooperative Statistics Program (ACCSP), a multi-state federal initiative. In addition to the relocation of reporting requirements to Ch. 8, new requirements are proposed to require lobster dealer reporting and a no-cost Primary Buyer Permit to capture landings data that is missed through retailers and dealers. See separate rulemakings for these items.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6173
PUBLIC HEARINGS:
Monday, November 10, 2003, 6:00 p.m., Ellsworth City Hall, Upper Level Conf. Rm., One City Hall Plaza, Ellsworth
Wednesday, November 12, 2003, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
Thursday, November, 13, 2003, 6:00 p.m., Municipal Building, Chambers Rm., 259 US Route One, Scarborough
DEADLINE FOR COMMENTS: Monday, November 24, 2003
AGENCY CONTACT PERSON: David A. Libby
Mail Written Comments to: attn: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9500 or 633-9584
FAX: (207) 633-9579
TTY: 1207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability,
please contact Deborah Everett, at (207) 624-6567.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 8.05, Primary Buyer Permit (New)
PROPOSED RULE NUMBER: 2003-P247
CONCISE SUMMARY: Any Wholesale Seafood license holder or Retail Seafood license holder who buys or obtains product direct from harvester(s) would be required to obtain a no-cost Primary Buyer Permit. The permit would require reporting of landings in existing reporting requirements for only those dealers who hold this permit. The Primary Buyer Permit would require the reports to be sent to a single location where all landings could be aggregated and categorized to support and maintain a complete dealer and retail reporting compliance.
The proposed reporting requirement for dealers and retailers is part of an initial step to provide accuracy and continuity for reporting of catches and landings of regulated marine organisms and to bring the Maine DMR landings program and data into conformity with the Atlantic Coastal Cooperative Statistics Program (ACCSP), a the multi-state federal initiative. (See separate related rulemakings.)
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6173
PUBLIC HEARINGS:
Monday, November 10, 2003, 6:30 p.m., Ellsworth City Hall, Upper Level Conf. Rm., One City Hall Plaza, Ellsworth
Wednesday, November 12, 2003, 6:30 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
Thursday, November 13, 2003, 6:30 p.m., Municipal Building, Chambers Rm., 259 US Route One, Scarborough
DEADLINE FOR COMMENTS: Monday, November 24, 2003
AGENCY CONTACT PERSON: David A. Libby
Mail Written Comments to: attn: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9500 or 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing).
Hearing facilities: If you require accommodations due to disability, please contact Deborah Everett, at (207) 624-6567.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 8.10(B), Lobster Dealer Reporting (New)
PROPOSED RULE NUMBER: 2003-P248
CONCISE SUMMARY: In addition to the proposed relocation of existing reporting requirements to the new Ch. 8 Landings Program, regulations are also proposed for wholesale dealers with lobster permit and retail seafood dealers to report landings data for lobster. This requirement has been endorsed by the Maine Lobster Dealers Association with their support of the proposed rulemaking recommended to the Commissioner for his consideration. (See separate related rulemakings.)
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6173
PUBLIC HEARINGS:
Monday, November 10, 2003, 7:00 p.m., Ellsworth City Hall, Upper Level Conf. Rm., One City Hall Plaza, Ellsworth
Wednesday, November 12, 2003, 7:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
Thursday, November 13, 2003, 7:00 p.m., Municipal Building, Chambers Rm., 259 US Route One, Scarborough
DEADLINE FOR COMMENTS: Monday, November 24, 2003
AGENCY CONTACT PERSON: David A. Libby
Mail Written Comments to: attn: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04576-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9500 or 9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability, please contact Deborah Everett, at (207) 624-6567.


AGENCY: 04-061 - Department of Conservation, Land Use Regulation Commission
RULE TITLE OR SUBJECT: Revisions to Subdivision and Development Standards - Ch. 10, Land Use Districts and Standards.
PROPOSED RULE NUMBER: 2003-P249
CONCISE SUMMARY: As part of the enactment of LD 1198 ("An Act to Refine the Subdivision and Redistricting Authority of the Maine Land Use Regulation Commission") during the First Regular Session of the 120th Legislature, the Commission was asked to examine its subdivision review process and find mechanisms to reduce processing time, reduce cost, and increase predictability of agenicy decisions. In response, the Commission is proposing to make changes to its Ch. I0, including adopting a two-tier level of subdivision review to simplify the review process for small-scale, appropriately located subdivisions; adopting rules for the layout and design.of subdivisions; and adopting rules to clarify permitting requirements for subdivisions as well as residential and commercial development projects. The Commission has also drafted a guidance document to clarify the meaning of its rezoning criterion of "demonstrated need in the community" and the means by which need can.be judged. A summary of the proposed rule changes are posted on LURC's web site at www.maine.gov/doc/lurc/events/events.htm.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12-MRSA 685-A, Subsection 7-A
PUBLIC HEARINGS:
* Wednesday, November 12, 2003 at 6:00 p.m. - University of Maine at Orono, Mahogany Room on Wells Commons, Orono, Maine.
* Wednesday, November 19, 2003 at 6:00 p.m. - Rangeley Lakes Regional High School, Mendolia Road, Rangeley, Maine.
DEADLINE FOR COMMENTS: Monday, December 8, 2003; Monday, December 15, 2003, for rebuttal comments.
AGENCY CONTACT PERSON: Agnieszka Pinette
AGENCY NAME: Maine Land Use Regulation Commission
ADDRESS: 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-8786
E-MAIL: agnieszka.pinette@maine.gov


AGENCY: 13-188 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 67, Principles of Reimbursement for Nursing Facilities
PROPOSED RULE NUMBER: 2003-P250
CONCISE SUMMARY: Changes in this proposed rule include: deleting the reference specifying the facility may not exceed customary charges to the general public for the lowest semi-private room in the facility; deleting the return on equity capital for proprietary providers as an allowable fixed cost; and clarifying language as it relates to the amortization of the acquisition costs of the rights to a nursing facility license.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173; P.L. 2003, Ch. 20.
PUBLIC HEARING: November 12, 2003 at 1.00 p.m. in conference room #3, 442 Civic Center Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before October 31, 2003.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
DEADLINE FOR COMMENTS: November 24, 2003
AGENCY CONTACT PERSON: Peter J. Ezzy, Medical Care Administrator
AGENCY NAME: Bureau of Medical Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9368
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 12-172 - Maine Unemployment Insurance Commission
RULE TITLE OR SUBJECT: Rules Governing the Administration of the Employment Security Law, specifically amendments to: Ch. 3, Unemployment Benefits, Intrastate; Ch. 4, Unemployment Benefits, Interstate; Ch. 11, Deputy Determinations; Ch. 17, Voluntary Leaving; and Ch. 20, Unemployment Fraud or Misrepresentation by Claimants.
PROPOSED RULE NUMBER: 2003-P251
CONCISE SUMMARY: This rulemaking amends existing rules to make procedural and substantive changes relative to the filing of benefits by mail, to employees who are not available for full-time work, to employees volunteering for a layoff, and to the authority of the deputy to make determinations. Furthermore, the proposed rules make procedural changes to the scheduling of an interview for unemployment fraud or misrepresentation by claimants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 1082(2), 1191, 1192, 1194, and 1251(2).
PUBLIC HEARING: November 12, 2003, 1:00-4:00 p.m., Cross Building, Room 501, Augusta
DEADLINE FOR COMMENTS: November 24, 2003
AGENCY CONTACT PERSON: Veronica Terroni
AGENCY NAME: Maine Unemployment Insurance Commission
ADDRESS: 40 Forest Falls Drive, Yarmouth, ME 04096-6905
TELEPHONE: (207) 846-2000
FACSIMILE: (207) 846-5216
TDD: (800) 794-1110


ADOPTIONS

AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
ADOPTED RULE NUMBER: 2003-358
CONCISE SUMMARY: The rule has been amended in order to 1) Add new language regarding withholding from Maine-source income of nonresident owners of pass-through entities; 2) add a new subsection that permits an employer to establish an electronic system to be used by employees to submit Form W-4ME to the employer, or to update an existing Form W-4ME with the employer; 3) Delete section .03 (De Minimus rule); 4) Strike the requirement of employers to submit a copy of an employee's Form W-4ME to the State Tax Assessor when the employer is required to submit the federal form W-4 for an employee to IRS, and add replacement language spelling out the conditions that require the employer to submit a copy of an employee's Form W4ME rather than simply relying on the federal requirement; 5) Update the definition of "lookback period" to reflect current calendar dates; 6) Amend Section .05(F) (now .04F) to remove the references to claiming credit for an overpayment (which are now computed and made automatically); and 7) Make minor editorial changes.
EFFECTIVE DATE: October 15, 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 Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual: 1. Exclusions of Ineligible Spouse Income. 2. Various Edits
ADOPTED RULE NUMBER: 2003-359
CONCISE SUMMARY: This rule allows an income exclusion for the ineligible spouse for certain MaineCare applications and makes various edits.
EFFECTIVE DATE: October 14, 2003
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services
CHAPTER NUMBER AND TITLE: Ch. 279, Rules Relating to the Maine Newbom Hearing Program
ADOPTED RULE NUMBER: 2003-360
CONCISE SUMMARY: These rules implement Ch. 1686 of Title 22 of the Maine Revised Statutes Annotated, establishing the Maine Newborn Hearing Program. The rules define the responsibilities of hospital administrators with regard to the screening of newborn infants for hearing loss and the tracking and follow-up of infants identified with hearing loss. These rules address information provided to parents; designation of a contact person in each hospital, timing of hearing screening, parental refusal of hearing screening; types of records to be maintained; data to be reported; responsibilities for follow-up tests when necessary; documentation of results and contact with families.
EFFECTIVE DATE: January 1, 2004
AGENCY CONTACT PERSON: Kim Church
AGENCY NAME: DHS
ADDRESS: Genetics Program, DHS, BOH, Div. Family Health, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-5357


AGENCY: 10-144 - Department of Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 258, Rules for the Control of Notifiable Conditions
ADOPTED RULE NUMBER: 2003-361
CONCISE SUMMARY: These rules repeal and replace the current Department of Human Services regulations which govern the reporting of certain diseases, clusters of unusual cases of a disease or outbreaks of a disease, epidemics, and extreme public health emergencies. The amendments are being made in order to include new disease entities, to expand the list of notifiable conditions, to update existing rules to reflect recent developments in communicable disease investigation and intervention, and to outline the procedures for health care personnel to follow in the event of an extreme public health emergency.
EFFECTIVE DATE: October 21, 2003
AGENCY CONTACT PERSON:
AGENCY NAME: Paul Kuehnert, MS, RN
ADDRESS: Director, Division of Disease Control and Associate Director, Office of Public Health Emergency Preparedness, Maine Bureau of Health, Key Plaza, 9th Floor, SHS 11, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5179
TTY (888) 706-3876 (deaf/hard of hearing)


AGENCY: 01-017 - Maine Harness Racing Commission
Emergency Adoptions:
CHAPTER NUMBER AND TITLE: Ch. 11 Section 1, Administration
ADOPTED RULE NUMBER: 2003-362
CONCISE SUMMARY: This rule change clarifies which test sample is referred to in this section. This section of the Chapter refers to collection of urine samples.
CHAPTER NUMBER AND TITLE: Ch. 11 Section 3, Alkalinizing Agents
ADOPTED RULE NUMBER: 2003-363
CONCISE SUMMARY: The Commission has moved to use a new blood gas testing program using updated testing equipment. The new testing program uses a testing apparatus that measures the total carbon dioxide following a race. This new program required adoption of new rules for post race testing and new parameters for a violation of the new rule.
CHAPTER NUMBER AND TITLE: Ch. 17 Section 5, Penalty Schedule
ADOPTED RULE NUMBER: 2003-364
CONCISE SUMMARY: This rule was adopted to include any failure to take a horse for a test sample a violation of the Commission rules.
EFFECTIVE DATE: October 16, 2003
AGENCY CONTACT PERSON: Henry W. Jackson
AGENCY NAME: Maine Harness Racing Commission
ADDRESS: 28 State House Station, Augusta, ME 04333-0028
TELEPHONE: (207) 287-3221


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