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December 10, 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: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT:
(1) Ch. 110, Regulations Governing Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
(2) Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
PROPOSED RULE NUMBER: 97-P263
CONCISE SUMMARY: The reason for this proposed rule is to allow the patients/residents to know the home health and nursing home services available in the area of the State where the patients/residents wishes to reside. Also the patients/residents would have the knowledge of the ownership and financial interest the hospital or nursing facility has in the nursing facility or home health provider. These proposed rules would require a written list of all licensed home health care providers and any branch offices, to include addresses and telephone numbers, that serve the area in which the patient or resident resides. The same list would be required for those patients or residents requiring nursing facility care. All nursing home facilities and hospitals would be required to meet these proposed regulations. These regulations will ensure that patient's/resident's freedom to choose a home health care provider or nursing home is protected.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A., Sec. 1, 1831
HEARING: No Public Hearing unless five (5) or more requests are received by the Division of Licensing and Certification.
DEADLINE FOR COMMENTS: January 9, 1998
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512
FAX: (207) 624-5378

AGENCY: 18-125 - Bureau of Revenue Services - Department of Administrative and Financial Services
RULE TITLE OR SUBJECT: Ch. 803, Withholding Tax Reports and Payments
PROPOSED RULE NUMBER: 97-P264
CONCISE SUMMARY: This Rule is being amended primarily in order to repeal the requirement for monthly withholding payments for certain businesses. The two remaining payment frequencies will be: semi-weekly for withholders that withhold $18,000 or more during the lookback period, and quarterly for all other withholders. The definition of "lookback period" is also being updated.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: Title 36 M.R.S.A. section 112
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 12, 1998
AGENCY CONTACT PERSON: David E. Bauer, Esq.
ADDRESS: 24 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 278-2076


ADOPTIONS

AGENCY: 06-096 - Maine Department of Environmental Protection
CHAPTER NUMBER AND TITLE:
Ch. 500, Stormwater Management
Ch. 502, Direct Watersheds of Waterbodies Most at Risk from New Development and Sensitive or Threatened Regions or Watersheds
ADOPTED RULE NUMBER: 97-406
CONCISE SUMMARY: P.L. 1995 ch. 704 enacted a new Stormwater Management Law, and required the Department of Environmental Protection (DEP) to conduct rulemaking (1) to adopt stormwater quantity and quality standards for projects requiring stormwater permits under the law, and (2) to list "bodies of water most at risk from new development" and "sensitive or threatened regions or watersheds". Chapters 500 and 502 are intended to fulfill those requirements, to provide necessary definitions and administrative provisions, and to describe how the stormwater standards apply to developments requiring a permit under the Site Location of Development Law (Site Law). The rules are "major substantive". They were provisionally adopted by the Board of Environmental Protection (BEP) on February 1, 1997. The Legislature authorized final adoption through two "resolves", PL 1997, chapters 47 and 67, effective September 19, 1997. The rules were reposted in order to receive public comment on (b) minor changes required by the Legislature in PL 1997, ch. 67, and (b) minor technical corrections and clarifications proposed by the department. The rules were adopted (final adoption) by the BEP on November 12,1997.
EFFECTIVE DATE: December 6, 1997
AGENCY CONTACT PERSON: Don Witherill
AGENCY NAME: Department of Environmental Protection
ADDRESS: #1 7 State House Station, Augusta, Maine 04333-0017
TELEPHONE: 207-287-7725


AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering

CHAPTER NUMBER AND TITLE: Ch. 209, Rules Relating to Body Piercing
ADOPTED RULE NUMBER: 97-407
CONCISE SUMMARY: These rules are being proposed to set the licensing requirements, safety standards and fees for body piercing.

CHAPTER NUMBER AND TITLE: Ch. 211, Rules Relating to the Practice of Micropigmentation
ADOPTED RULE NUMBER: 97-408
CONCISE SUMMARY: These rules are being proposed to set the licensing rules, standards of practice and fees for licensing practitioners of micropigmentation.

EFFECTIVE DATE: January 1, 1998
AGENCY CONTACT PERSON: Robert Peterson
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta ME 04333
TELEPHONE: 287-5693


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 8, Regulations Relating to Advanced Practice Registered Nursing
ADOPTED RULE NUMBER: 97-407
CONCISE SUMMARY: This is an amendment to Chapter 8 to clarify continuing education requirements for advanced practice registered nurses.
EFFECTIVE DATE: December 7, 1997
AGENCY CONTACT PERSON: Jean C. Caron, Executive Director
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 24 Stone St., 158 SHS, Augusta, ME 04333-1058
TELEPHONE: (207)287-1133


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