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Weekly Rulemaking Notices Contact Us Find It

December 3, 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: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #01-04
PROPOSED RULE NUMBER: 2003-P279
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 1:30 p.m., Friday, December 19, 2003, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
December 19,2003
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Rule Ch. 340, Mortality Tables for Use in Determining Minimum Reserves and Nonforfeiture Benefits
PROPOSED RULE. NUMBER: 2003-P280
CONCISE SUMMARY: This rule applies to all policies subject to Title 24-A MRSA Sections 951 to 958-A and Sections 2528 to 2534. The purpose of the proposed amendment is to authorize use of the 2001 CSO mortality table for use in determining minimum reserve liabilities and Nonforfeiture benefits.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This rule is proposed by the Superintendent pursuant to Title 24-A MRSA Sections 212, 953 and 2532-A.
PUBLIC HEARING: There is no hearing scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 3, 2004 - 5:00 p.m.
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8460


AGENCY: 19-100 - Department of Economic and Community Development
RULE TITLE OR SUBJECT: Ch. (New), Pine Tree Development Zone Program
PROPOSED RULE NUMBER: 2003-P281
CONCISE SUMMARY: The Pine Tree Development Zones Program was established by the Legislature in PL 2003 Ch. 439, Part NNN. The Department of Economic and Community Development oversees the program that creates eight Pine Tree Development Zones, each containing no more than 5000 acres and 20 noncontiguous parcels. This rule defines what regions are eligible to apply and the application process. It also defines what a business must do to qualify for the benefits provided by a zone.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 5247 and 5250
PUBLIC HEARING: December 22, 1:00 p.m., 111 Sewall Street, 3d Floor, West Conference Room, Augusta, Maine
DEADLINE FOR COMMENTS: January 2, 2004
AGENCY CONTACT PERSON: Peggy Schaffer
AGENCY NAME: Department of Economic and Community Development
ADDRESS: 59 State House Station
Email: Peggy.Schaffer@maine.gov
TELEPHONE: (207) 624-9801


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
PROPOSED RULE NUMBER: 2003-P282
CONCISE SUMMARY: These proposed rule changes provide for the continuation of a price per discharge payment system, currently in effect through emergency rulemaking, in a cost-effective manner in accordance with a Legislative mandate, refine and clarify the methodology for the discharge rates for acute care non-critical access hospitals and the distribution of funds made available by the Legislature as part of PL 2003, Ch. 20, to increase certain MaineCare rates. This notice supplements the notice of 9/30/2003 in the Portland Press Herald. The Department will publish the per hospital discharge rate in effect using this methodology on or before January 1, 2004.
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: 22 MRSA 42, 3173; PL 2003 Ch. 20
PUBLIC HEARING:
Date: December 23, 2003
Time: 11 a.m.
Location: Conference Room, Room 1A, Department of Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before December 19, 2003
DEADLINE FOR COMMENTS: January 5, 2004
AGENCY CONTACT PERSON: Gregory Nadeau
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 02-029 - Department of Professional & Financial Regulation, Bureau of Financial Institutions
RULE TITLE OR SUBJECT: Ch. 141 (Regulation #41), Assessments - Nondepository Trust Companies, Uninsured Bank, and Merchant Banks
PROPOSED RULE NUMBER: 2003- 283
CONCISE SUMMARY: Public Law 2003 c. 322 amended the statue governing assessments paid to the Bureau of Financial Institutions by nondepository trust companies, uninsured banks, and merchant banks. This regulation provides for the transition from annual to quarterly assessments as amended by this statute.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 9-B MRSA 214(2-B), Title 9-B MRSA 214(2-C) and Title 9-B MRSA 215
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 2, 2004
AGENCY CONTACT PERSON: Colette L. Mooney, Deputy Superintendent
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #12-03
ADOPTED RULE NUMBER: 2003-448
CONCISE SUMMARY: Minimum December, 2003 Class I price is $17.09 plus $1.04/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in southern New England for a total of $19.23. Class II minimums set at $10.99 for October, 2003, which includes $0.15/cwt. for Producer Margins. These changes were passed on in minimum prices. Minimum prices can be found at http://www.maine.gov/agriculture/ahi/mmc/prihis.html
EFFECTIVE DATE: December 1, 2003
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


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