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November 12, 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: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 334, Maine Medical Assistance Manual - Maine RX Plus
PROPOSED RULE NUMBER: 2003-P261
CONCISE SUMMARY: This rule explains the financial eligibility rules for enrollment in the Maine RX Plus Program. This program will start on January 1, 2004.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 2681
PUBLIC HEARING:
Date: December 1, 2003
Time: 2:30 p.m.
Location: Department of Human Services, Conference Room, 442 Civic Center Drive, Augusta ME 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before November 24, 2003.
DEADLINE FOR COMMENTS: December 12, 2003
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Creation of Ch. 104, Section 3, Maine Rx Plus.
PROPOSED RULE NUMBER: 2003-P262
CONCISE SUMMARY: These rules will allow the Department to implement a state-operated pharmacy benefit for Maine residents who are not otherwise eligible for pharmacy or MaineCare benefits.
Maine Rx Plus participants will receive a discounted price on prescriptions. Members will be required to reapply annually and will be subject to application and financial guidelines set forth by the Bureau of Family Independence.
Maine Rx Plus providers will be required to be approved as Maine Rx Plus providers. The Department has detailed provider requirements in Ch. 104, Section I and Section 3.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8052; 22 MRSA 603.
PUBLIC HEARING:
Date: December 1, 2003, 1:30 p.m.
Location: Department of Human Services, Conference Room, 442 Civic Center Drive, Augusta, Maine 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before November 24, 2003.
DEADLINE FOR COMMENTS: December 12, 2003
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 94-434 - Maine Educational Loan Authority (MELA)

RULE TITLE OR SUBJECT: Ch. 1, Supplemental Education Loan Program Rules
PROPOSED RULE NUMBER: 2003-P263
CONCISE SUMMARY: This rule-making amends existing Program Rules to make revisions to the credit underwriting criteria and loan approval process, minimum loan amounts, finance charges, and repayment terms of MELA's The Maine Loan(c) and The Maine Medical Loan (sm) supplemental education loans.

RULE TITLE OR SUBJECT: Ch. 2, Bylaws Governing the Administration of the Maine Educational Loan Authority
PROPOSED RULE NUMBER: 2003-P265
CONCISE SUMMARY: This rule-making amends the Bylaws Governing the Administration of the Maine Educational Loan Authority (MELA) to include rules governing ad hoc or standing committees established by MELA for any appropriate purpose.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 11417(1)(N)
PUBLIC HEARING: Wednesday, December 3, 2003, 9:00 a.m.-11:00 a.m., Maine Principals' Association Conference and Meeting Center, 50 Industrial Drive, Augusta, ME 04330
DEADLINE FOR COMMENTS: Monday, December 15, 2003
AGENCY CONTACT PERSON: Shirley M. Erickson, Executive Director
AGENCY NAME: Maine Educational Loan Authority
ADDRESS: One City Center, Eleventh Floor, Portland, ME 04101
TELEPHONE. (207) 791-3621


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
RULE TITLE OR SUBJECT:
Ch. 1, Procedures, and
Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2003-P264
CONCISE SUMMARY: The proposed rule amendments would require candidates to identify those expenditures made before the primary election for goods and services to be used only for the general election. The Commission would count those expenditures as being for the general election when calculating matching funds for any opponent participating in the Maine Clean Election Act. The proposed amendments would also clarify the reporting requirements for obligations to pay vendors for goods and services, so that those obligations would be considered when calculating matching funds. The proposed amendments would also clarify the reporting requirements for independent expenditures and persons spending money on ballot questions. A copy of the proposed rule amendments is available from the Commission's web site, www.maine.gov/ethics, or by calling (207) 287-4179.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 1 MRSA 1003(1); 21-A MRSA 1126
PUBLIC HEARING: December 1, 2003 at 9:00 a.m. at the Ethics Commission Office, 242 State Street, Augusta, Maine
DEADLINE FOR COMMENTS: 5:00 p.m. on December 12, 2003
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director
AGENCY NAME: Commission on Governmental Ethics and Election Practices
ADDRESS: 135 State House Station, Augusta, ME 04333-0135
TELEPHONE: (207) 287-4179


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Family Health, Maine Childhood Lead Poisoning Prevention Program
RULE TITLE OR SUBJECT: Ch. 292, Rules for Environmental Lead Investigations
PROPOSED RULE NUMBER: 2003-P266
CONCISE SUMMARY: The Maine Childhood Lead Poisoning Prevention Program (MCLPPP) has recently submitted revisions to the above Rule. However, final changes to the rule have been deemed substantive changes, in particular a decision to move the penalty provision into its own section titled "Violation." Therefore, the Department is soliciting additional comments solely on the new changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 1314-A-1327. 22 MRSA 1323 provides authority to adopt rules to carry out legislatively established responsibilities.
PUBLIC HEARING: No public hearing is being held.
DEADLINE FOR COMMENTS: December 12, 2003
AGENCY CONTACT PERSON: MaryAnn Amrich, Program Manager
AGENCY NAME: Maine Childhood Lead Poisoning Prevention Program
ADDRESS: State House Station #11, 286 Water Street, Augusta, ME 04333
TELEPHONE: (207)2-87-4311


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2003-389
CONCISE SUMMARY: Effective August 1 the department adopted emergency rules governing hospital reimbursement that were in effect through October 29, 2003. This emergency rule replaces that rule. With the adoption of this new emergency rule, the Department has refined and clarified the methodology for calculating inpatient reimbursement for non-critical access acute care hospitals. Pursuant to 5 MRSA 8054 the Department has determined that immediate adoption of these rules is necessary to avoid an immediate threat to public health, safety or general welfare. This public health, safety or general welfare emergency arises from the need to have in place at all times a reimbursement method for acute care non-critical access hospitals in order for the MaineCare program to provide for these services. PL, 2003, Ch. 20, directs state agencies to make budget adjustments for state fiscal years 2004 and 2005. PL 2003 explicitly directs the department to enact emergency rules with regard to hospital reimbursement to achieve these savings.
The methodology determines a price per discharge by 1) Determining a cost per discharge based on Medicare cost reports for the hospital's fiscal year ending between October 1, 1998 and September 30, 1999; 2) Inflating this cost per discharge to State fiscal year 2004; 3) Applying a discount factor to the inflated cost per discharge to ensure that total expenditures for inpatient services from acute care non-critical access hospitals were no greater than they would have been under the previous reimbursement system; and 4) adjusting rates for hospitals with the highest historical total MaineCare inpatient reimbursement. This adjustment allocates legislatively appropriated funds based on historical data reflecting share of total MaineCare reimbursement. This adjustment will be reviewed at least annually. The effective date of this change is October 30, 2003.
See http://www.maine.gov/bms/rulemaking for rules and related rulemaking documents.
EFFECTIVE DATE: October 30, 2003
AGENCY CONTACT PERSON: Greg Nadeau, Comprehensive Health Planner II
AGENCY NAME: Bureau of Medical Services, Division of Policy and Provider Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367, (800) 321-5557 option 9
TTY: (207) 287-3094 or (800) 423-4331


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 333, Medicaid Eligibility Manual - Low Cost Drugs for Elderly and Disabled (DEL)
ADOPTED RULE NUMBER: 2003-390
CONCISE SUMMARY: Effective with applications received as of January 1, 2003, the Bureau of Family Independence has administered the Low Cost Drugs for Elderly and Disabled (DEL). This rule gives more detailed information on financial eligibility rules for DEL.
EFFECTIVE DATE: November 8, 2003
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid 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: 09-137 - Department of Inland Fisheries & Wildlife

TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4 - 4.06
ADOPTED RULE NUMBER: 2003-391
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the wild turkey hunting season as follows: Establishes the weapons restriction and bag limit that was previously in statute; adds Wildlife Management District 13 to the area open to hunting; establishes the dates for the split season to occur as follows: Season A: May 3, 2004 - May 8, 2004 and May 24, 2004 - May 29, 2004; Season B: May 10 - May 15, 2004 and May 17 - May 22, 2004; All hunters: May 31, 2004 - June 5, 2004. (Permittees who have not taken a turkey during their designated season will be allowed to hunt during the last week of the season). The rule also increases the number of permits from 12,000 to 15,600 (7,800 in Season A and 7,800 in Season B. A youth Wild Turkey Hunting Day will occur on the Saturday preceding the first day of Season A (May 1, 2004). A detailed copy of the proposed rule may be obtained from the agency contact person listed below.

CHAPTER NUMBER AND TITLE: Ch. 4.07, Crow Hunting
ADOPTED RULE NUMBER: 2003-392
CONCISE SUMMARY: The Commissioner of Inland Fisheries & Wildlife has adopted a rule amending the dates for the annual crow hunting season as follows: In Wildlife Management Districts 1 through 6: February 15 through April 15 and from August 1 through September 30; Wildlife Management Districts 7 through 30: February 1 through March 31 and from August 1 through September 30.

EFFECTIVE DATE: November 8, 2003
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: 284 State Street, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201 E-MAIL: andrea.erskine@maine.gov


AGENCY: 02-385 - Manufactured Housing Board
CHAPTER NUMBER AND TITLE:
Manufactured Housing Communities
Ch. 810, Park Licensing - Authority (repealed)
Ch. 820, Park Licensing - Definitions (repealed and replaced)
Ch. 830, Park Licensing - Licenses (repealed and replaced)
Ch. 840, Mobile Home Park Licensing - Application for a New Mobile Home Park or to Expand an Existing One (repealed)
Ch. 850, Park Licensing - Standards (repealed and replaced)
Ch. 860, Park Licensing - Inspections (repealed and replaced)
Ch. 870, Park Licensing - Complaint and Investigation (repealed)
Installation of Oil Tanks
Ch. 320, Licensing - Definitions (amend)
Transfer of Fee-Setting Authority
Ch. 110, State Certification of Manufactured Housing Authority - Authority (amended)
Ch. 331, Fees (new)
Ch. 340, Licensing - Licenses (amended)
Ch. 381, Home Installation Warranty Seal (amended)
Ch. 690, State Administrative Agency - Monitoring and Other Fees (amended)
ADOPTED RULE NUMBER: 2003-393 through 2003-405
CONCISE SUMMARY: The board recodified its rules relating to manufactured housing communities; conformed its rules to a legislative requirement that persons installing oil tanks at mobile homes be licensed by the Oil and Solid Fuel Board; and amended its rules to reflect the transfer of fee-setting authority to the Director of the Office of Licensing and Registration.
EFFECTIVE DATE: November 8, 2003
AGENCY CONTACT PERSON: Robert V. LeClair
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04345
TELEPHONE: (207) 624-8678


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: 2003-406
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, child care or speech pathology in Maine.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), 20-A MRSA 12501 et seq.
EFFECTIVE DATE: January 1, 2004
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
CHAPTER NUMBER AND TITLE: Ch. 601, Amendment 8, The Maine State Grant Program
ADOPTED RULE NUMBER: 2003-407
CONCISE SUMMARY: This rule amendment implements PL 2003, Ch. 103, which changed the formula for determination of need. In addition, several minor points of clarification were made throughout. A public hearing was held on September 18, 2003
EFFECTIVE DATE: November 9, 2003
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


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.95(l)(13)(2)(a), Monhegan Island Lobster Conservation Area, Open Season
ADOPTED RULE NUMBER: 2003-408
CONCISE SUMMARY: The Monhegan Island Lobster Conservation Area, 180 day 2003 - 2004 open lobster fishing season, will begin December 1, 2003 and end May 28, 2004. This regulation conforms to 12 MRSA 6472.
EFFECTIVE DATE: November 9, 2003
AGENCY CONTACT PERSON: 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) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)


AGENCY: 94-591 - Motor Carrier Review Board

CHAPTER NUMBER AND TITLE: Ch. 1, Bylaws of the Maine Motor Carrier Review Board
ADOPTED RULE NUMBER: 2003-409
CONCISE SUMMARY: This chapter modifies the Maine Motor Carrier Review board bylaws.
EFFECTIVE DATE: November 10, 2003

CHAPTER NUMBER AND TITLE: Ch. 2, Selection and Review Process
ADOPTED RULE NUMBER: 2003-410
CONCISE SUMMARY: This chapter establishes the carrier selection process and standards for review. The chapter also enacts definitions used throughout the rule.

CHAPTER NUMBER AND TITLE: Ch. 3, Hearing Process
ADOPTED RULE NUMBER: 2003-411
CONCISE SUMMARY: This chapter establishes the Motor Carrier Review Board's hearings process in accordance with the Administrative Procedure Act.

EFFECTIVE DATE: November 10, 2003
AGENCY CONTACT PERSON: Garry Hinkley
AGENCY NAME: Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME 04333-029
TELEPHONE: (207) 624-9055


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