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Weekly Rulemaking Notices Contact Us Find It

November 13, 2002
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: 14-118 - Department of Behavioral and Developmental Services (formerly Department of Mental Health, Mental Retardation, and Substance Abuse Services), Office of Substance Abuse, Driver Education and Evaluation Programs
RULE TITLE OR SUBJECT: Ch. 2, Driver Education and Evaluation Programs Procedure Manual
PROPOSED RULE NUMBER: 2002-P284
CONCISE SUMMARY: The Office of Substance Abuse, Driver Education and Evaluation Programs is proposing revisions to Ch. 2, Driver Education and Evaluation Programs Procedure Manual to 1) establish/revise definitions to comply with current practices, program changes and recently enacted statute; 2) improve the community-based service provider - private provider certification process; 3) require that clinical supervisors attend mandatory DEEP training; 4) adjust fees to comply with program cost 5) establish a "non-refundable" registration fee; 6) change the Moving Ahead and Risk Reduction Program referral criteria from a summary score to American Society of Addiction Medicine (ASAM) criteria; 7) require that clinical substance abuse, status update and second opinion evaluations be completed by licensed clinicians; 8) permit the client to waive the evaluation process during or following the first session and receive treatment services from the same clinician; 9) require that private provider clinical supervision be provided by a licensed clinician; 10) require that client forms be returned to DEEP for no-shows and inactivity within an identified amount of time; 11) require that early discharge from treatment be justified; 12) edit and condense the Section - Second Opinions; 13) require "comparable" programs for military and out-of- state clients; and 14) revise language and requirements of the Completion of Treatment Guidelines to comply with new programming.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA Part 25, c. 521 Sub-ch. 1, 20005; 5 MRSA Part 25, c. 521, sub-ch. 5, 20072, 20073-B, 20074, 20075, 20076; 5 MRSA Part 25, c. 521, sub-ch. 5, 20078-A
PUBLIC HEARING: December 2, 2002, 1:00 - 5:00 p.m., Office of Substance Abuse - Large Conference Room, Marquardt Building - Third Floor - AMHI Complex, 159 State House Station, Augusta, ME
DEADLINE FOR COMMENTS: 5:00 p.m., December 12, 2002
AGENCY CONTACT PERSON: Linwood K. Oakes, Sr., Certification & Policy Specialist
AGENCY NAME: Office of Substance Abuse
DEEP ADDRESS: Marquardt Building, AMHI Complex, 3rd Floor, 159 State House Station, Augusta, ME 04333-0159
TELEPHONE: (207) 287-2595


AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
RULE TITLE OR SUBJECT: Amend Ch. 10, Establishment of License Fees
PROPOSED RULE NUMBER: 2002-P285
CONCISE SUMMARY: This proposed rule amendment adjusts fees for 4 of the 40 licensing boards and regulatory functions administered by the Office of Licensing and Registration ("OLR"). The affected programs are: Board of Boilers and Pressure Vessels, Board of Elevator and Tramway Safety, Board of Licensure for Professional Land Surveyors, Oil and Solid Fuel Board. For the Board of Boilers and Pressure Vessels, the proposed rule amendment standardizes the cost for a boiler or pressure vessel inspection and adds a penalty for owners of boilers and pressure vessels that do not get their boiler or pressure vessel inspected within 60 days of expiration and for owners that do not pay for the cost of their inspection certificate within 60 days of receipt of an invoice. For the Board of Elevator and Tramway Safety, the proposed rule amendment changes the term of a license from three years to one year and adds a late inspection certificate fee for owners of elevators that do not get their elevator inspected when due, adds a license fee for elevator contractors and increases the initial elevator and tramway inspection fee. For the Board of Licensure for Professional Land Surveyors, the proposed rule amendment increases the license fee to the statutory cap for professional land surveyors and land surveyors-in-training and sets one examination fee for the professional land surveyor examination. For the Oil and Solid Fuel Board, the proposed rule amendment adds a license fee for a limited tank installer and changes the fee structure for late renewal of master and journeyman oil technicians.
THE PROPOSED RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 8003(2-A)(D),(E)
PUBLIC HEARING: Thursday, December 5, 2002, 9:00 a.m., Department of Professional and Financial Regulation, 124 Northern Avenue, Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: December 12, 2002
AGENCY CONTACT PERSON:
NAME: Anne L. Head, Director
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8633


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2002-P286
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing various regulation changes for the upcoming ice fishing and open water fishing seasons. A list of the 11 proposed changes may be obtained from the agency contact person listed below. These regulations are needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. Written comments may be submitted on any of these proposals.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARING: None scheduled; one may be requested. Written comments may be submitted on any of the proposals.
DEADLINE FOR COMMENTS: December 13, 2002
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@maine.gov
TELEPHONE: (207) 287-5201


AGENCY: 02-383 - Department of Professional and Financial Regulation, Board of Osteopathic Licensure (affiliated board)
RULE TITLE OR SUBJECT: Ch. (?), Physician Schedule for License Renewals
PROPOSED RULE NUMBER: 2002-P287
CONCISE SUMMARY: Currently, all osteopathic doctors renew their license at the same time. The purpose of this rule is to describe the schedule for renewal of an osteopathic physician's license in a staggered method beginning with the next renewal cycle.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 2562 & 2581
PUBLIC HEARING): None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, December 20, 2002
AGENCY CONTACT PERSON: Susan E. Strout, Executive Secretary
AGENCY NAME: Board of Osteopathic Licensure
ADDRESS: 142 State House Station, Two Bangor Street, Augusta, ME 04333-0142
TELEPHONE: (207) 287-2480


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 607, ASPIRE-TANF Program Rules - Policy 14-A
ADOPTED RULE NUMBER: 2002-419
CONCISE SUMMARY: The adopted rules correct omissions in the ASPIRE-TANF Program Rules. They also increase the ASPIRE-TANF Program's ability to work efficiently and effectively with TANF recipients (especially those with multiple barriers to employment) through the payment for necessary services through fee-for-service agreements with community organizations.
EFFECTIVE DATE: November 6, 2002
AGENCY CONTACT PERSON: Stephen W. Telow, ASPIRE-TANF Program Manager, Department of Human Services, Bureau of Family Independence, State House Station #11, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: (207) 287-3309
TTY Number: (207) 287-6948


AGENCY:
16-163 - Bureau of Emergency Medical Services
16-219 - Bureau of the Fire Marshal
16-222 - Bureau of the Maine State Police

CHAPTER NUMBER AND TITLE:
16-163 Ch. 451 15, Death Benefits for Emergency Medical Services Persons Who Die in the Line of Duty
16-219 Ch. 50, Death Benefits for Firefighters Who Die in the Line of Duty
16-222 Ch. 19, Died While in the Line of Duty Death Benefits for Law Enforcement Officers
ADOPTED RULE NUMBER: 2002-421 through 2002-423
CONCISE SUMMARY: These rules are being adopted in order to identify the requirements that must be followed in order for a surviving child, spouse or parent of an Emergency Medical Services person, Firefighter or Law Enforcement Officer who died while in the line of duty, to receive a death benefit from the State.
EFFECTIVE DATE: November 9, 2002
AGENCY CONTACT PERSON: Drexell White
AGENCY NAME: Maine Emergency Medical Services
ADDRESS: 16 Edison Drive, Augusta, Maine 04330
TELEPHONE: (207) 287 3953



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