Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

December 17, 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: 10-148 - Department of Human Services, Bureau of Child and Family Services
RULE TITLE OR SUBJECT: Ch. 201, Appeal Procedures for Individuals Substantiated as Perpetrators of Abuse or Neglect
PROPOSED RULE NUMBER: 2003-P289
CONCISE SUMMARY: These rules provide for a two stage review and appeal process including an administrative hearing for individuals found by the Department to have abused or neglected a child.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42(l)
PUBLIC HEARING: January 6, 2004, 9:30 a.m. - 12:30 p.m., 35 Anthony Avenue, Augusta, Maine
DEADLINE FOR COMMENTS: January 16, 2004
AGENCY CONTACT PERSON: Sandra Hodge, Director, Division of Child Welfare Policy and Practice
AGENCY NAME: Bureau of Child and Family Services
ADDRESS: #11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5060


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 410, Retirees Returning to Work in MSRS-Covered Positions
PROPOSED RULE NUMBER: 2003-P290
CONCISE SUMMARY: The rule is proposed because State law directs the System to be in compliance with Federal laws and regulations in the area of "in-service distributions" of retirement benefits to retirees who have returned to work and have not yet reached their Normal Retirement Age. The proposed rule reflects the Federal requirements and their implementation. The proposed rule: (1) Establishes a waiver that must be executed by each retiree to acknowledge that no future accruals of service credit or retirement benefits will result if the retiree returns to work; (2) Establishes the requirements that must be met in order for a bona fide termination to have occurred such that a retirement benefit can be paid to an individual; (3) Provides for a) the suspension of service retirement benefits when a retiree who is below normal retirement age returns to work in an MSRS-covered position, b) the resumption of benefits when the retiree again terminates or becomes normal retirement age, and c) an actuarial adjustment of the benefits to reflect the time during which they were suspended; (4) Provides for the way in which the proposed rule would apply to those younger than normal retirement age retirees who have already returned to work; and (5) Establishes the reporting requirements that apply to employers that hire retirees who are returning to work. The Board held an earlier hearing in November 2003 on this proposed rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 17103(4) and PL 2003, Ch. 387
PUBLIC HEARING: January 8, 2004, 9:05 a.m., Augusta Civic Center, Fort Western Room
DEADLINE FOR COMMENTS: February 2, 2004
AGENCY CONTACT PERSON: Kathy Morin
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: (207) 512-3190 or (800) 451-9800


AGENCY: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 940, Requirements for Health Insurance Rate Filings and Data Reporting
PROPOSED RULE NUMBER: 2003-P291
CONCISE SUMMARY: The primary purpose of this amendment is to set forth filing standards for small group health insurance rates consistent with 2003 Public Law Ch. 469, which (1) amended Maine's small group law, 24-A MRSA 2808-B and (2) requires all rate filings to reflect the impact of the operation of Dirigo Health.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: This regulation is promulgated by the Superintendent
pursuant to Title 24 MRSA 2321 and Title 24-A MRSA 212, 2413, 2736, 2736-C, 2808-13, 4207, and 6913(9).
PUBLIC HEARING: . Thursday, January 8, 2004 at 2:00 p.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: January 20, 2004 at 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: 90-351 - Workers' Compensation Board
RULE TITLE OR SUBJECT: Ch. 3, Form Filing, Section 4 Electronic Filing
PROPOSED RULE NUMBER: 2003-P292
CONCISE SUMMARY: This amendment requires electronic filing of 1) all First Reports of Injury by January 1, 2005; 2) Notices of Controversy by July 1, 2005; and 3) Memoranda of Payment by January 1, 2006. It also includes a waiver mechanism for situations involving undue hardship.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 39-A MRSA 5 152(2) and (2-A)
PUBLIC HEARING: Thursday, January 8, 2004, 9:30 a.m., Workers' Compensation Board, Central Office, AMHI Complex, Deering Building, First Floor, Room 170, Hospital Street, Augusta, Maine
DEADLINE FOR COMMENTS: Monday, January 19, 2004, 5:00 p.m.
AGENCY CONTACT PERSON: Timothy Collier, Assistant General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta ME 04333-0027
TELEPHONE: (207) 287-7086


AGENCY: 02-416 - Department of Professional and Financial Regulation, State Board of Social Worker Licensure
RULE TITLE OR SUBJECT: Ch. 10, Definitions; Ch. 11, Advisory Rulings; Ch. 12, Application for Licensure; Ch. 13, Licensure; Ch. 14, Continuing Professional Education; Ch. 15, Scope of Practice; Ch. 16, Enforcement and Disciplinary Procedures.
PROPOSED RULE NUMBER: 2003-P293
CONCISE SUMMARY: This is a recodification of the social worker rules that will repeal and replace the rules that are currently in effect. The proposed rules-
- Redefine the educational requirements for the licensed social worker conditional license in accordance with PL 2003, c. 429
- Clarify the consultation requirements for licensed social workers conditional, licensed social workers and master social workers conditional (clinical)
- Include a transition mechanism under which persons credentialed as licensed social workers conditional prior to the effective date of PL 203, c. 429 are given a finite time period to complete the obligations of the LSW conditional consultancy
- Permit limited recognition of volunteer work as part of the social work employment required at various steps/levels of licensure
- Clarify the clinical practice settings in which licensed master social workers conditional (clinical) may practice in preparation for licensure as licensed clinical social workers
- Provide that licensed master social workers conditional (clinical) may practice at that level indefinitely without need of qualifying for the licensed clinical social worker license after 2 years
- Revise the board's practice concerning licensure by reciprocity
- Formulate categories of major sexual violations and minor sexual violations as disciplinary violations
- Cite to an updated edition of the National Association of Social Workers Code of Ethics in connection with disciplinary violations
- Establish "gross deviation from the appropriate standard of care in the provision of social work services" as a disciplinary violation
- Establish the failure of consultants and consultees to adequately perform the obligations of the consultancy or of an engagement undertaken in connection with a board order or consent agreement as a disciplinary violation
- Require licensees to include 4 hours of ethics in the 25 hours of continuing professional education required for biennial license renewal
- Specify acceptable categories of continuing professional education, with limitations in the number of hours that can be earned in certain categories
- Implement the audit provisions for the reporting of continuing professional education contained in Ch. 13 of the rules of the Office of Licensing and Registration.
- Reflect the transfer of fee-setting authority from the board to the Director of the Office of Licensing and Registration, as authorized by 10 MRSA 8003(2-A)(D)
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 7030, 7053, 7053-A, 7057, 7059 and 7060; 5 MRSA 8051 and 9001(4)
PUBLIC HEARING: January 9, 2004, 12:00 p.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, ME
DEADLINE FOR COMMENTS: January 19, 2004
AGENCY CONTACT PERSON: Penny Vaillancourt, Board Administrator
AGENCY NAME: Office of Licensing and Administration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8420


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
RULE TITLE OR SUBJECT: Ch. 61, Maine Milk Pool: Cost of Administration
PROPOSED RULE NUMBER: 2003-P294
CONCISE SUMMARY: This rule establishes the cost of administering the Maine Milk Pool for the period January 1, 2004 through December 31, 2004.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 3154(2)
PUBLIC HEARING: 9:00 a.m., Monday, January 5,2004, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 212, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
PREFILE: January 5, 2004
CLOSING COMMENTS: January 15, 2004
NAME: Stanley Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 29-250 - Department of Secretary of State, Bureau of Corporations, Elections & Commissions
RULE TITLE OR SUBJECT: Request for comments on the Maine Administrative Procedure Act
PROPOSED RULE NUMBER: 2003-P295
CONCISE SUMMARY: On January 31, 2004, the Secretary of State must file an annual report to the Governor and the Joint Standing Committee on State and Local Government on the Administrative Procedure Act. The purpose of this ad is to solicit, from state agencies and the public, recommendations for improvements to the rulemaking process. We will include any comments on these recommended improvements in the report.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8056-A
PUBLIC HEARING: None scheduled.
DEADLINE FOR COMMENTS: January 16, 2004
AGENCY CONTACT PERSON: Deborah Cabana, Director of Elections and Commissions
AGENCY NAME: Department of Secretary of State
ADDRESS: 101 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-7650


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 301, Food Stamp Manual, Rev. #138A - Increase in Income Limits, Maximum Allotments and Deductions
ADOPTED RULE NUMBER: 2003-462
CONCISE SUMMARY: Effective October 1, 2003, there were the following changes in the Food Stamp Program: Increases in income limits and maximum allotments, increase in the excess shelter deduction and an increase in the standard deduction for households with five or more members. Most cases experienced an increase in benefits. This policy was implemented as emergency policy.
EFFECTIVE DATE: December 7, 2003
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp 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) 287-5093
TTY: (207) 287-6948


AGENCY: 95-592 - Small Enterprise Growth Board
CHAPTER NUMBER AND TITLE: Ch. 701, Amendment 4 - Small Enterprise Growth Program
ADOPTED RULE NUMBER: 2003-463
CONCISE SUMMARY: The rule amendment changes the basis on which an applicant's gross annual sales are measured from "most recent fiscal year" to "most recent 12 month for which financial statements meeting the Board's requirements are available."
EFFECTIVE DATE: December 10, 2003
AGENCY CONTACT PERSON: Katryn Gabrielson, Counsel to the Board, c/o Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 275, Medicare Supplement Insurance Rule - 2003 Revision
ADOPTED RULE NUMBER: 2003-464
CONCISE SUMMARY: The purpose of this Rule is to provide for the reasonable standardization of coverage and simplification of terms and benefits of Medicare supplement policies; to facilitate public understanding and comparison of such policies; to eliminate provisions contained in such policies which may be misleading or confusing in connection with the purchase of such policies or with the settlement of claims; and to provide for full disclosures in the sale of accident and sickness insurance coverages to persons eligible for Medicare.
The current amendments make several changes to the rule. Section 12 is amended to comply with federal legislation concerning the time period for guaranteed issue rights, the Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act (BIPA). Section 15 is amended to provide standards for rate discounts and for rate filings. Section 16 is amended to require the same commissions regardless of age during an individual's open enrollment period. Section 23 is amended to specify that Medicare + Choice counts as prior coverage, to clarify which plans must be made available under the continuity law (24-A MRSA 5002-B), and to reflect recent changes to that statute enacted by 2003 Public Law Ch. 157.
EFFECTIVE DATE: December 14, 2003
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
PHONE: (207)624-8460


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 915, Annuity Disclosure
ADOPTED RULE NUMBER: 2003-465
CONCISE SUMMARY: The purpose of this rule is to provide standards for the disclosure of certain minimum information about annuity contracts to protect consumers and foster consumer education. The rule specifies the minimum information which must be disclosed and the method for disclosing it in connection with the sale of annuity contracts. The goal of this rule is to ensure that purchasers of annuity contracts understand certain basic features of annuity contracts.
AUTHORITY: This rule is promulgated by the Superintendent pursuant to 24-A MRSA 212 and 2151-B.
EFFECTIVE DATE: December 14, 2003
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
Phone: (207) 624-8460


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 46, Inpatient Psychiatric Hospital Services
ADOPTED RULE NUMBER: 2003-466
CONCISE SUMMARY: MaineCare Benefits Manual, Ch. III Section 46, describing reimbursement for inpatient psychiatric facilities, is repealed because reimbursement for psychiatric facilities is covered under MaineCare Benefits Manual, Ch. III Section 45, Hospital Services.
See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2004
AGENCY CONTACT PERSON: Kip Neale, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207)-287-9361
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


Corporations Uniform Commercial Code Elections APA Rules Notaries Boards & Commissions
Home Archives Bureau of Motor Vehicles Corporations, Elections and Commissions What's New Secretary's Desk Kid's Page
© Department of the Secretary of State