Skip Maine state header navigation

Agencies | Online Services | Help

November 11, 1998
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: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 16, Allocation of State Ceiling for Low-Income Housing Tax Credit
RULE NUMBER: 98-P243
CONCISE SUMMARY: The rule is being revised to establish a set-aside for proposals with a commitment for funding from Rural Housing Services; to establish a set-aside for proposals with a service commitment from the Maine Department of Human Services' 1999 Assisted Living Funds; to establish the maximum amount of tax credit that may be allocated to a single project; to give priority to projects serving persons with special needs; to give priority to projects in higher need areas; to add to the reporting and inspection requirements; and to make clarifications, updates, and grammatical changes.
THIS RULE: WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4741(1) and 4741(14), Section 42 of the IRC
PUBLIC HEARING November 17, 1998 at 9:30 a.m., Maine State Housing Authority, 353 Water Street, Augusta, Maine 04330-4633
DEADLINE FOR COMMENTS: November 30, 1998
AGENCY CONTACT PERSON: Tom MacDonald
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, Maine 04330-4633
TELEPHONE:
(207) 626-4600 (voice)
(800) 452-4668 (voice)
(800) 452-4603 (TDD)

AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
SUBJECT: Solicitation of comments on the Administrative Procedure Act.
PROPOSED RULE NUMBER: 98-P246
CONCISE SUMMARY: Each year the Secretary of State is required to solicit comments from the public on suggested improvements to the Maine Administrative Procedure Act. These comments will be included in a report to be submitted to the Governor's Office in February, 1999. If you would like to make any suggestions or comments on the Administrative Procedure Act or would like to receive a copy of the Maine Administrative Procedure Act, you may contact the person listed below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A., Sec. 8056-A
PUBLIC HEARING: NONE SCHEDULED
DEADLINE FOR COMMENTS: January 8,1999
AGENCY CONTACT PERSON: Lucille L. Weeks
AGENCY NAME: Department of Secretary of State
ADDRESS: Bureau of Corporations, Election & Commissions, 101 State House Station, Augusta, ME 04333
TELEPHONE: 207/287-4184


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26, Sea Urchin Harvester License Lottery
PROPOSED RULE NUMBER: 98-P247
CONCISE SUMMARY: This regulation establishes a lottery system for the awarding of sea urchin handfishing, sea urchin dragging, and sea urchin hand-raking and trapping license eligibility to persons who did not hold that license in the previous calendar year, for calendar years 1999, 2000, and 2001. This regulation is designed to fulfill the legislative mandate of 12 M.R.S.A. 6749-0(2-B).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6749-0(2-B)
PUBLIC HEARING:
Zone 1: Tuesday, December 1, 1998 at 6:30 p.m., Department of Marine Resources Conference Room, McKown Point, W. Boothbay Harbor, Maine
Zone 2: Friday, December 4, 1998 at 6:30 p.m., Ellsworth Public Library, 20 State Street, Ellsworth, Maine
DEADLINE FOR COMMENTS: December 14,1998
AGENCY CONTACT PERSON: Ted Creaser
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, ME 04575-0008
TELEPHONE: (207) 633-9518


AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. (New), Health Information That Directly Identifies an Individual
PROPOSED RULE NUMBER: 98-P248
CONCISE SUMMARY: This rule defines health care information that directly identifies an individual. This is a major substantive rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, 1711-C, sub-1(E)
PUBLIC HEARING: November 30, 1998 - 9:00 a.m., Maine Health Data Organization Conference Room, Northern Avenue, Gardiner, ME
DEADLINE FOR COMMENTS: December 11, 1998
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, Gardiner Annex - Northern Avenue, 102 State House Station, Augusta, ME 04333-0102
Tel: (207) 624-8655


AGENCY: 90-590 - Maine Health Data Organization

RULE TITLE OR SUBJECT: Ch. 241, Uniform Reporting System for Hospital Inpatient Data Sets and Hospital Outpatient Data Sets
PROPOSED RULE NUMBER: 98-P249
CONCISE SUMMARY: The proposed rules contain provisions for filing hospital inpatient and outpatient service data sets, including: establishing requirements for the content, form, medium, and time for filing; standards for the data reported; and provisions for compliance. The proposed rules will replace the existing Ch. 241 in its entirety.

RULE TITLE OR SUBJECT: Ch. 245, Uniform Reporting System for Non-Hospital Ambulatory Service Data Sets
PROPOSED RULE NUMBER: 98-P250
CONCISE SUMMARY: The proposed rules contain the provisions for filing ambulatory data sets for patients serviced by non-hospital providers, including: establishing requirements for the content, form, medium, and time for filing non-hospital ambulatory service data; establishing standards for the data reported; provisions for compliance; and identifying the ambulatory surgical procedures and other ambulatory services for which ambulatory service data sets are required to be filed. The proposed rules will replace the existing Ch. 245 in its entirety and will incorporate all of the provisions currently found in Ch. 250 - List of Ambulatory for Which Data Set Reporting is Required.

RULE TITLE OR SUBJECT: Ch. 250, List of Ambulatory Services for Which Data Set Reporting Is Required
PROPOSED RULE NUMBER: 98-P251
CONCISE SUMMARY: The Maine Health Data organization is proposing to repeal Chapter 250 - List of Ambulatory Services for Which Data Set Reporting Is Required, in its entirety and include the relevant subject matter within Ch. 245 - Uniform Reporting System for Non-Hospital Ambulatory Service Data Sets.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA, 8708, sub-4 (A)
PUBLIC HEARING: November 30,1998 - 9:00 a.m., Maine Health Data Organization Conference Room, Northern Avenue, Gardiner, ME
DEADLINE FOR COMMENTS: December 11, 1998
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, Gardiner Annex - Northern Avenue, 102 State House Station, Augusta, ME 04333-0102
Tel: (207) 624-8655


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. (New), Sale of Capacity and Energy of Undivested Generation Assets; Extension of Divestiture Deadline
PROPOSED RULE NUMBER: 98-P252
CONCISE SUMMARY: This proposed rule implements 35-A M.R.S.A. 3204(4) (sale of capacity and energy of generation assets, and generation-related business activities that are not divested by electric utilities) and 35-A M.R.S.A. 3204 (3) (deadline for divestiture-for certain assets).
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A M.R.S.A. 3204(3) and (4)
PUBLIC HEARING: None Scheduled; five or more persons may request a hearing on or before November 25, 1998.
DEADLINE FOR COMMENTS: December 11, 1998; A technical conference to discuss comments is scheduled for December 18, 1998 at 10:00 a.m. at the PUC offices, 242 State Street, Augusta, Maine 04333. Please notify the PUC if special accommodations are needed in order to attend this technical conference (or hearing, if one is held) accessible to you by calling 1-287-1396 or TTY 1-800-437-1220. A request for such accommodations must be received 48 hours before the scheduled event.
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Ch. 29, Standards for Water Quality Protection
PROPOSED RULE NUMBER: 98-P253
CONCISE SUMMARY: The Board is proposing new regulations to protect both ground and surface water from potential pesticide spills. This chapter will establish standards prohibiting the filling, mixing or loading of sprayers within fifty feet of surface waters of the State. In addition, it will require that all pesticide containers be securely fastened on vehicles and that any person who spills a pesticide within the fifty foot set back take immediate steps to recover the material.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A., 8051 et seq., 7 M.R.S.A., 601-625 and 22 M.R.S.A., 471- A-X.
PUBLIC HEARING: December 3, 1998 at 9:00 a.m. in the Atrium Reception Room at the Shiretown Motor Inn in Houlton.
DEADLINE FOR COMMENTS: 4:00 p.m., December 23,1998.
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: 207-287-2731
EMAIL: robert.batteese@maine.gov
FAX: 207-287- 7548
URL: http://www.maine.gov/agriculture/pesticides/rules.htm


AGENCY: 02-313 - Department of Professional and Financial Regulation, Board of Dental Examiners

RULE TITLE OR SUBJECT: Ch. 1, Rules Relating to Dental Hygienists
PROPOSED RULE NUMBER: 98-P254
CONCISE SUMMARY: An amendment to Chapter 1 to clarify that a hygienist from another state needs at least 2 years of experience in the past five years in the administration of local anesthesia to qualify to take the anesthesia exam. Also add the placement of Tetracycline fibers or similar therapies as a duty delegable to dental hygienists under the direct supervision of a dentist.

RULE TITLE: Ch. 3, Rules Relating to the Practice of Denturism
PROPOSED RULE NUMBER: 98-P255
CONCISE SUMMARY: The legislature has revised sub-chapter VI of the Maine Dental Practice Act for the practice of denturism. Statute 32 M.R.S.A. 1100-C mandates that the Board adopt rules necessary to implement this chapter. Rule establishes requirements for a temporary denturist permit as well as provisions under which a licensed denturist may function.

RULE TITLE OR SUBJECT: Ch. 8, Complaints - Definition of sexual misconduct
PROPOSED RULE NUMBER: 98-P256
CONCISE SUMMARY: This amendment will add the definition of sexual misconduct to the list of unprofessional conduct as well as infection control procedures and some minor housekeeping changes.

RULE TITLE OR SUBJECT: Ch. 13, Regulations for Use of General Anesthesia/Sedation by dentists
PROPOSED RULE NUMBER: 98-P257
CONCISE SUMMARY: This amendment to Chapter 13 will update the regulations for use of anesthesia by dentists to include conscious sedation by general dentists.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 M.R.S.A. 1073
PUBLIC HEARING: December 11, 1998, 9:30 a.m., Augusta Civic Center, Cushnoc Auditorium, Augusta, Maine
DEADLINE FOR COMMENTS: December 18, 1998
AGENCY CONTACT PERSON:
NAME: Irene Boucher
ADDRESS: Board of Dental Examiners, 143 State House Station, Augusta, ME 04333
PHONE NUMBER: 207-287-3333


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 808, Corporate Income Tax Nexus
PROPOSED RULE NUMBER: 98-P258
CONCISE SUMMARY: Rule 808 describes the circumstances under which an out-of-state corporation is subject to the income tax jurisdiction of Maine under Title 36 M.R.S.A., Section 5200. The rule currently states that the activities of an independent contractor will not be imputed to the corporation. This statement is inconsistent with general rule stated in section .02 of the rule: "The State Tax Assessor construes Maine law to assert the tax jurisdiction of Maine to the full extent permitted by the Constitution and laws of the United States." The proposed change would provide that the activities of an independent contractor will be imputed to the corporation to the extent allowed by the Constitution and laws of the United States. Various other minor amendments an updates to the rule are being proposed as well.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 M.R.S.A. 112
PUBLIC HEARING None scheduled; one may be requested.
DEADLINE FOR COMMENTS: December 15,1998
AGENCY CONTACT PERSON: David E. Bauer, Esq., General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
(207) 287-2076


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapter II Sec. 67, Nursing Facility Services
PROPOSED RULE NUMBER 98-P259
CONCISE SUMMARY: Proposed changes to Sec. 67, Nursing Facility Services include the following: 1) new language specifies that coverage for NF services shall begin and end with the recipient's classification period; 2) the term "Brain Injury" (BI) is defined and replaces the term "Traumatic Brain Injury" throughout the rules; 3) medical eligibility requirements for BI services are set forth and include the use of a Disability Rating Scale (DRS) In Appendix 3; 4) requirements for the reimbursement of BI services have been revised; 5) NF BI service providers must have Commission on Accreditation of Rehabilitation Facilities (CARF) accreditation to receive Medicaid BI coverage; 6) requirements for administering flu and pneumonia vaccinations have been added; 7) respite services may be provided to Medicaid "waiver" clients up to 30 days annually. These respite services do not require a MED assessment for admission; 8) the "Notice of Consumer Transfer/Death" form has been revised and renamed in Appendix #2.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., 42, 3173
PUBLIC HEARING: December 3, 1998, 1:00 p.m., Jewett Hall, University of Maine at Augusta
DEADLINE FOR COMMENTS: Written comments will be accepted through December 14, 1998.
AGENCY CONTACT PERSON: Julie Tosswill, Medical Care Administrator
AGENCY NAME: Policy Development Division
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: 624-5519 or 1-800-321-5557 option 1
DEAF/ HARD OF HEARING: TTY# 287-1828 or TTY# 1-800-423-4331


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 418, Beneficial Use of Solid Wastes
ADOPTED RULE NUMBER: 98-439
CONCISE SUMMARY: This rule establishes the procedures, criteria and standards under which the proposed beneficial use of a solid waste would be evaluated and either permitted to occur or be denied. Solid waste activities that are regulated under this rule include, but are not limited to: the use of a waste as a construction material or construction fill, the use of a solid waste as a substitute for a fuel, or the use of a solid waste as a raw material in manufacturing. This rule establishes different tiers of regulation and licensing requirements based upon characteristics of the waste to be utilized and the potential effects that the proposed use of that waste might present to the environment, public health and/or safety. The rule identifies beneficial use activities that are exempt from regulation under this chapter, activities that have reduced licensing procedures, and activities that require full licensing assessments and procedures.
EFFECTIVE DATE: November 2, 1998
AGENCY CONTACT PERSON: James Glasgow
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: 207-287-7719


AGENCY: 04-061 - Department of Conservation, Maine Land Use Regulation Commission
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards
ADOPTED RULE NUMBER: 98-440
CONCISE SUMMARY: This rule change imposes a ban on the use of personal watercraft on 245 lakes wholly or partially within the jurisdiction of the Maine Land Use Regulation Commission. These changes are in response to P. L. 1998, Chapter 739, which directs the Commission to impose such a ban through rulemaking.
EFFECTIVE DATE: November 1, 1998
AGENCY CONTACT PERSON: Frederick W. Todd
AGENCY NAME: Land Use Regulation Commission
ADDRESS: Department of Conservation, 22 State House Station
Augusta, Maine 04333
TELEPHONE: 207-287-2631


AGENCY: 94-457 - Finance Authority of Maine (FAME)

RULE TITLE OR SUBJECT: Ch. 314, Regional Economic Development Revolving Loan Program (Amendment 1)
RULE NUMBER: 98-461
CONCISE SUMMARY: This amendment is necessary to inform economic development organizations which have entered into contracts with the Authority how to access additional funds which are available as a result of interest accrued on the fund balance or because a contracting entity failed to draw down an allocation.

RULE TITLE OR SUBJECT: Ch. 601, Amendment 5, The Maine Student Incentive Scholarship Program (MSISP)
ADOPTED RULE NUMBER: 98-463
CONCISE SUMMARY: The rule amendment broadens the definition of eligible institutions by replacing the eligibility category of "hospital nursing schools" with the more inclusive category of "non-profit schools." Thus, all Maine certificate or degree granting, accredited, non-profit postsecondary schools offering programs of at least one year will now be eligible to participate in the program, provided they meet the other requirements of the program.

RULE TITLE OR SUBJECT: Ch. 316, Clean Fuel Vehicle Program
ADOPTED RULE NUMBER: 98-462
CONCISE SUMMARY: This Rule establishes the procedures and standards applicable to borrowers and financial institutions participating in the Authority's statewide program for making or insuring loans to finance the acquisition or lease of clean fuel vehicles or related components or facilities.

EFFECTIVE DATE: November 2, 1998
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 94-457 - Finance Authority of Maine, Small Enterprise Growth Board
RULE TITLE OR SUBJECT: Ch. 701, Small Enterprise Growth Program, Amendment 1
ADOPTED RULE NUMBER: 98-464
CONCISE SUMMARY: This first amendment to the Rule reduces the number of Board members necessary for a quorum to five (5), and allows members to participate in meetings by teleconference. Those members who participated by teleconference will not be considered as present when ascertaining a quorum for action.
EFFECTIVE DATE: November 2, 1998
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, Counsel, Small Enterprise Growth Board, c/o Finance Authority of Maine, 83 Western Avenue, PO Box 949, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 02-514 - Department of Professional & Financial Regulation, Office of Licensing & Registration, Board of Counseling Professionals Licensure
CHAPTER NUMBER AND TITLE:
Ch. 1, General
Ch. 5, Licensure by Comity
Ch. 7, Renewal of Licensure
Ch. 8, Standards of Practice
ADOPTED RULE NUMBER: 98-465 thru 98-468
CONCISE SUMMARY:
Ch. 1: A definition of "inactive status" is inserted to respond to situations in which a license-holder suspends professional activity for a limited period of time.
Ch. 5: The language is updated and clarified.
Ch. 7: The impact of "inactive status" on license renewal is explained.
Ch. 8: The description of the Disclosure Statement is expanded to include identification of the practitioner's areas of competence.
EFFECTIVE DATE: November 3, 1998
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Health Board Administrator
ADDRESS: Office of Licensing & Registration, SHS #35, Augusta, ME 04333
PHONE NUMBER: (207) 624-8420


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 321, Load Obligation and Settlement Calculations for Competitive Providers of Electricity
ADOPTED RULE NUMBER: 98-469
CONCISE SUMMARY: To establish the process, method and terms by which transmission and distribution utilities will develop the hourly load estimates and monthly energy reconciliations of competitive electricity providers' load obligations.
EFFECTIVE DATE: November 4, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: 287-6078


AGENCY: Department of Human Services:
10-144 - Bureau of Medical Services, Ch. 503
10-149 - Bureau of Elder and Adult Services, Ch. 5 Section 71

CHAPTER TITLE: Maine Certificate of Need
ADOPTED RULE NUMBER: 98-470
CONCISE SUMMARY: Revisions in the Maine Certificate of Need Act are being incorporated into manuals used to implement the Act. Sec. 71 of the Bureau of Elder and Adult Services' Policy Manual (originally adopted November 1, 1997) pertains to Certificate of Need for Nursing Level of Care Projects and is being amended to reflect 1998 statutory changes and adoption of standards used in the review process. The Maine Certificate of Need Procedures Manual of the Bureau of Medical Services, applicable to other health care facilities, is being amended to reflect 1998 statutory changes, adoption of standards used during review and repeal of criteria relating to the former Maine Health Care Finance Commission.
EFFECTIVE DATE: November 4, 1998
AGENCY CONTACT PERSON: John D. Dickens, Director
ADDRESS: Program Analysis and Development Unit, 35 Anthony Avenue, State House Station #11, Augusta, ME 04333
PHONE NUMBER: 207-624-5424


Return to the Online Rules Home Page.

Return to the APA Home Page.

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

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

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