Skip Maine state header navigation

Agencies | Online Services | Help

October 29, 1997
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE AND NUMBER: Chapter 120: Rules for Release of Information to the Public
PROPOSED RULE NUMBER: 97-P216
CONCISE SUMMARY: Effective December 31, 1996, with the enactment of PL 1995, Chapter 653 the Maine Health Care Finance Commission (MHCFC) was eliminated and replaced by the Maine Health Data Organization (MHDO), which is responsible for the collection of health related data. The enabling legislation provided for continuity with respect to procedures regarding data collection and dissemination, stipulating that all MHCFC rules in effect at the time of transition remain in effect until revised or amended by the MHDO. The purpose of amending this Chapter is to bring the language of the rule into conformity with PL 1995, Chapter 653 to clarify information deemed confidential or privileged, and to provide for declaration of intent if any data released is to be used on the Internet.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A 8704, sub-4 and 8707
PUBLIC HEARING: November 21,1997, 1:00 p.m., Maine Health Data Organization, Conference Room, Gardiner Annex - Northern Avenue, Gardiner, ME.
DEADLINE FOR COMMENTS: December 5, 1997
AGENCY CONTACT PERSON:
NAME: Alan M. Prysunka, Director
ADDRESS: Maine Health Data Organization, Gardiner Annex-Northern Avenue, 35 State House Station, Augusta, Maine 04333-0035
TELEPHONE: 624-8655


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Chapter 202, Tree Growth Tax Law Valuations - 1998
PROPOSED RULE NUMBER: 97-P217
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax Law. This rule is applicable for tax year 1998.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 36 M.R.S.A. 576
PUBLIC HEARING: November 19,1997, 10:00 a.m., 161 Capitol Street, Augusta, Maine
DEADLINE FOR COMMENTS: December 1, 1997
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, #24 State House Station, Augusta, Maine 04333-0024
PHONE NUMBER: (207) 287-2011


AGENCY: 05-071 - Department of Education - State Board of Education
RULE TITLE OR SUBJECT: Chapter 115, Parts I and II, Certification of Educational Personnel: Standards & Procedures and Endorsements & Certificates
PROPOSED RULE NUMBER: 97-P218
CONCISE SUMMARY: Amendments are proposed in Chapter 115, Part I, Sections 10.1 and 10.8, to include a conditional certificate for speech and language clinicians. In Chapter 115, Part II, an amendment is proposed to create a conditional speech and language clinician certificate.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A M.R.S.A. 13011(1)
PUBLIC HEARING: Not scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 1, 1997
AGENCY CONTACT PERSON: Nancy T. lbarguen
AGENCY NAME: Department of Education
ADDRESS: Certification Office, 23 State House Station, Augusta, ME 04333-0023
PHONE NUMBER: 207-287-5944
TDD 207-287-2550


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services, Licensing and Certification
RULE TITLE OR SUBJECT: Chapter ?, Regulations Governing the Licensing and Functioning of Adult Day Services Programs
PROPOSED RULE NUMBER: 97-P219
CONCISE SUMMARY: The proposed rules address definitions and establish minimum standards for the operation and licensing of Adult Day Services Programs and such requirements that the provider must meet regarding application and inspection procedures.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 7601
PUBLIC HEARING: November 20, 1997 at 1:00 p.m., Bureau of Elder and Adult Services Conference Room, 35 Anthony Avenue, Augusta, ME 04333-0011. Persons requiring special arrangements may contact Libby Tardiff at 624-5250 or TTY: 624-5512
DEADLINE FOR COMMENTS: December 1, 1997
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station 011, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY NUMBER: (207) 624-5612


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 101, Maine Medical Assistance Manual, Chapter III, Section 25
PROPOSED RULE NUMBER: 97-P220
CONCISE SUMMARY: The proposed rule revises the current fee for service reimbursement rate for some dental procedures. Allows dental providers to utilized ADA billing codes as well as the established Medicaid billing codes.
THIS RULE MAY HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: November 17, 1997 1:00 p.m., Room 113, State Office Building, Augusta, ME. Persons wishing to attend who require special accommodations are requested to contact the Bureau of Medical Services at (207) 624-5521, two weeks in advance of the hearing so special arrangements can be made.
DEADLINE FOR COMMENTS: December 1, 1997
AGENCY CONTACT PERSON: Maurice Gagnon, Policy Development, Bureau of Medical Services, 35 Anthony Ave., 11 State House Station, Augusta, Maine 04333 0011
TELEPHONE: (207) 624-5527.


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Chapter 230, Rules Relating to Drinking Water State Revolving Fund
PROPOSED RULE NUMBER: 97-P221
CONCISE SUMMARY: These proposed rules detail the uses of the Drinking Water State Revolving Fund (the Fund). They also establish the prioritization and certification of eligibility processes for Projects seeking financial assistance from the Fund. They also set forth and explain the environmental review process that public water systems must follow to receive financial assistance from the Fund for the construction of system improvement projects. An environmental review is required of all projects receiving financial assistance from the Fund. The review is a measure to ensure that the project complies with applicable local, state and federal laws relating to the protection and enhancement of the human environment that is affected by the project.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30A MRSA Section 5959
PUBLIC HEARING: Tuesday, November 25, 1997 2:00 p.m., Room 113 State
Office Building, Augusta
DEADLINE FOR COMMENTS: Friday, December 5, 1997
AGENCY CONTACT PERSON: Wendy H. Coffin
AGENCY NAME: Department of Human Services
ADDRESS: Division of Health Engineering, 157 Capitol Street, 10 State House Station, Augusta, ME 04333-0010
TELEPHONE: (207)287-5684


AGENCY: 02-582 - Department of Professional and Financial Regulation, Office of Licensing and Registration, Propane and Natural Gas Board.
RULE TITLE OR SUBJECT:
Chapter 1 - Definitions
Chapter 3 - Licensure/Registration Requirements
Chapter 4 - Examination Requirements
Chapter 5 - Installation Standards
Chapter 6 - Complaints, Investigations and Adjudicatory Hearings Chapter 7 - Fees
Repeal Chapter 8 - Fees
PROPOSED RULE NUMBER: 97-P222
CONCISE SUMMARY: The Board is amending its rules to clarify the wording of the law and further clarify statutory definitions. The proposed rule changes better clarify licensure/registration and examination requirements. The proposed rules outline the licensure requirements for helpers. The proposed rules also repeal the tagging of vented equipment requirement. The rules update the editions of the National Fire Protection Standards. The proposed rules add the fee for helper licenses as well as penalty fees for late renewal.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 32 M.R.S.A., Section 14804
PUBLIC HEARING: Thursday, November 20, 1997, 9:00 a.m., Office of Licensing and Registration, Gardiner Annex, Northern Avenue, Gardiner, Maine
DEADLINE FOR WRITTEN COMMENTS: December 1, 1997
AGENCY CONTACT PERSON:
NAME: Cheryl Hersom, Board Administrator, Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
PHONE NUMBER: 207/624-8605


AGENCY: 03-201 - Maine Department of Corrections
RULE TITLE OR SUBJECT: (New chapter) Certification and Monitoring of Batterer Intervention Programs
PROPOSED RULE NUMBER: 97-P223
CONCISE SUMMARY: The Maine Coalition of Family Crisis Services convened a working group to develop Standards for Batterer Intervention Programs. The Department of Corrections proposes to adopt rules to establish those standards.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 19 M.R.S.A. 770(c)
PUBLIC HEARING: November 20, 1997, 10:00 a.m., Room 122, State Off ice Building, Augusta
DEADLINE FOR COMMENTS: November 23, 1997
AGENCY CONTACT PERSON: Denise Giles, Victim Services Coordinator
AGENCY NAME: Maine Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333
TELEPHONE: (207)287-4385


ADOPTIONS

AGENCY: 19-498 - Department of Economic and Community Development, Office of Community Development
CHAPTER NUMBER AND RULE TITLE: Chapter 17, Final Statement for Administering the 1998 Community Development Block Grant Small Cities Program.
ADOPTED RULE NUMBER: 97-355
CONCISE SUMMARY: This rule outlines the procedures by which the Department of Economic and Community Development (DECD) will administer the Community Development Block Grant (CDBG) Small Cities Program in accordance with the Department of Housing and Urban Development (HUD) regulations. The rule describes the design and method of funds distribution for the various Community Development Block Grant programs, including the criteria to be used in making awards to communities.
EFFECTIVE DATE: October 20, 1997
AGENCY CONTACT PERSON: Aaron Shapiro, CDBG Program Manager
AGENCY NAME: Office of Community Development
ADDRESS: DECD/OCD, 33 Stone Street, 59 State House Station, Augusta, Maine 04333-0059
TELEPHONE: 287-8485


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Chapter #3, Schedule of Minimum Prices
ADOPTED RULE NUMBER: 97-356
CONCISE SUMMARY: Minimum November, 1997 producer Class I set at $16.28 and a Northeast Interstate Dairy Compact over order price of $0.91. November, 1997 Class II goes to $13.09 and Class III minimums set at $12.85. A $.25 premium is included in the Class I minimums. These changes were passed on in minimum prices.
EFFECTIVE DATE: November 1, 1997
AGENCY CONTACT PERSON:
NAME: Thomas C. Doak, Director/OPPLIS, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence

RULE TITLE OR SUBJECT: #332, Medicaid eligibility Manual - Waiver for Elderly and Adults with Disabilities
ADOPTED RULE NUMBER: 97-357
CONCISE SUMMARY: The rule change reorders material in a section of the Medicaid Eligibility Manual and deletes reference to Crotched Mountain as a Home Based Waiver Agency. There is no change in policy or coverage.

RULE TITLE OR SUBJECT: #332, Medicaid Eligibility Manual - Spousal Living Allowance
ADOPTED RULE NUMBER: 97-358
CONCISE SUMMARY: Effective 10/1 /97, a monthly living allowance up to 100% of the federal poverty level ($658 per month) will be available to some people whose spouse is residing in a Cost Reimbursed Boarding Home or Adult Family Care Home and is being helped by Medicaid. The rule explains the eligibility requirements.

RULE TITLE OR SUBJECT: #332, Medicaid Eligibility Manual - Income and Asset Exclusion for AFDC-Related Medicaid
ADOPTED RULE NUMBER: 97-359
CONCISE SUMMARY: This changes AFDC-related Medicaid rules to be consistent with recent changes in TANF. It increases the income and assets excluded in determining eligibility.

EFFECTIVE DATE: October 21, 1997
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering
CHAPTER NUMBER AND TITLE: Chapter 230, Rules Relating to Drinking Water State Revolving Fund
ADOPTED RULE NUMBER: 97-362
CONCISE SUMMARY: These emergency rules detail the uses of the Drinking Water State Revolving Fund (the Fund). They also establish the prioritization and certification of eligibility processes for Projects seeking financial assistance from the Fund. They also set forth and explain the environmental review process that public water systems must follow to receive financial assistance from the Fund for the construction of system improvement projects. An environmental review is required of all projects receiving financial assistance from the Fund. The review is a measure to ensure that the projects comply with applicable local, state and federal laws relating to the protection and enhancement of the human environment that is affected by the project.
AGENCY CONTACT PERSON: Wendy H. Coffin
AGENCY NAME: Department of Human Services
ADDRESS: Division of Health Engineering, 157 Capitol Street, 10 State House Station Augusta, ME 04333-0010
TELEPHONE: (207) 287-5684


Return to the Online Rules Home Page.

Return to the APA Home Page.

Return to the Division of Rules, Commissions and Notaries Home Page.

Return to the Bureau of Corporations, Elections and Commissions Home Page.

Return to the Department of the Secretary of State Home Page.