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Weekly Rulemaking Notices Contact Us Find It

February 18, 2004
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: 90-590, Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 50, Prices for Data Sets, Fees for Programming and Report Generation, Duplication Rates
PROPOSED RULE NUMBER: 2004-P30
CONCISE SUMMARY: This rule lists new prices for data sets available to the public from the Maine Health Data Organization, revised fees for programming and report generation, and duplicating charges. The proposed rule will entirely replace the existing language found in Ch. 50.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 1683, 8704, sub-4, 8706, sub-2A and 8707, sub-1
PUBLIC HEARING: March 11, 2004, 9:00 a.m., York Room, Augusta Civic Center
DEADLINE FOR COMMENTS: March 22, 2004
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 130, Rules for Equivalent Instruction Programs
PROPOSED RULE NUMBER: 2004-P41
CONCISE SUMMARY: The chapter is being repealed because all the information required for a parent or guardian to provide equivalent instruction by home instruction is contained in the governing statute, 20-A MRSA Section 5001-A(3)(A)(4).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA Section 5001-A(3)(4)(e)
PUBLIC HEARING: None scheduled; one may be requested.
A0 DEADLINE FOR COMMENTS: March 20, 2004
AGENCY CONTACT PERSON: Edwin N. Kastuck, Ph.D.
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
EMAIL: edwin.kastuck@Maine.gov
TELEPHONE: (207) 624-6776


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 102, Rehabilitative Services
PROPOSED RULE NUMBER: 2004-P42
CONCISE SUMMARY: Procedure code Z9513 is reduced from a 6-hour unit of service to a 5-hour unit of service. The amount of reimbursement for a 5-hour unit of service is changed to $349.20 to reflect the reduction in reimbursable time. Rates of reimbursement for the other procedure codes are specified and are no longer listed as "By Report."
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
PUBLIC HEARING:
Date: March 8, 2004
Time: 1:00 p.m.
Location: Conference Room 1-A, Department of Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011
DEADLINE FOR COMMENTS: March 18, 2004
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY: Bureau of Medical Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9360
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 94-411 - Maine State Retirement System
RULE TITLE OR SUBJECT: Ch. 410, Retirees Returning to Employment after Retirement with the Same Employer
PROPOSED RULE NUMBER: 2004-P43
CONCISE SUMMARY: The original rule was proposed to interpret and apply State law in compliance with Federal laws and regulations in the area of payment of retirement benefits to MSRS retirees who have returned to employment with MSRS employers and have not yet reached their Normal Retirement Age. The proposed rule as amended does the following: (1) Establishes May 3, 2004 as the effective date of the rule; (2) Establishes a waiver that must be executed by each retiree to acknowledge that no future accruals of service credit or increase in earnable compensation will result if the retiree returns to employment; (3) Establishes the requirements that must be met in order for a bona fide termination from employment to have occurred such that a retirement benefit can be paid to a below-normal-retirement age retiree; (4) Provides the following for retirees who retire after the effective date of the rule: a) the suspension of service retirement benefits when a retiree who is below normal retirement age returns to employment with the same employer, b) the resumption of benefits when the retiree again terminates employment or becomes normal retirement age, c) an actuarial adjustment of the benefits to reflect the time during which benefits were suspended; (5) Provides an exclusion from the benefit suspension provision of the rule for retirees who return to employment on an intermittent, on-call basis; (6) Establishes certification and reporting requirements for retirees who return to employment and for employers that hire retirees who are returning to employment; and (7) Establishes penalties for retirees and employers who fail to comply with the provisions of the rule.
The Board held earlier hearings in November 2003 and January 2004 on this proposed rule. This rule is being re-noticed as substantial changes have been made to the original proposed rule. Therefore, comments are again being requested.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 17103(4) and PL 2003, Ch. 387
PUBLIC HEARING: March 11, 2004; 9:05 a.m., Augusta Civic Center, Kennebec/Penobscot Room, Augusta, Maine 04330
DEADLINE FOR COMMENTS: March 22, 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


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services

CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals in the State of Maine
ADOPTED RULE NUMBER: 2004-54
CONCISE SUMMARY: The addition of Ch. VI.T., The Governing Board-Mandated Reporting of Sentinel Events, will reflect a new law, enacted, but not funded until November 21, 2003. These final changes will mandate hospitals to have a process for mandated reporting system for medical errors and events injurious to patients in hospitals through a non-punitive error reduction system.
The addition of Ch. XXVII.C.(3) and (4), Critical Access Hospital-Governing Board, will reflect the new mandated reporting system for medical errors and events injurious to patients in Critical Access Hospitals.

CHAPTER NUMBER AND TITLE: Ch. 125, Regulations Governing the Licensing of Ambulatory Surgical Facilities in the State of Maine
ADOPTED RULE NUMBER: 2004-55
CONCISE SUMMARY: The addition of Ch. 4.B., Compliance Requirements - Mandatory Reporting of Sentinel Events, will reflect a new law enacted, but not funded until November 21, 2003. These final changes will mandate Ambulatory Surgical Facilities to have a process for mandated reporting system for medical errors and events injurious to patients in hospitals through a non-punitive error reduction system.
This final rule will require renumbering of the remaining Sections in Ch. 4.

CHAPTER NUMBER AND TITLE: Ch. 126, Regulations Governing the Licensing and Functioning of End Stage Renal Disease Units/Facilities
ADOPTED RULE NUMBER: 2004-56
CONCISE SUMMARY: The addition of Ch. 4.F., Administration-Mandatory Reporting of Sentinel Events, will reflect a new law enacted, but not funded until November 21, 2003. These final changes will mandate End Stage Renal Disease Units/Facilities to have a process for mandated reporting system for medical errors and events injurious to patients in hospitals through a non-punitive error reduction system.

See http://www.maine.gov/bms/rulemaking/ for rules and related rulemaking documents.
EFFECTIVE DATE: February 11, 2004
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Drive, #11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
TTY: (207) 287-9312 (Deaf/Hard of Hearing)
FAX: (207) 287-9304


AGENCY: 16-222 - Department of Public Safety, Bureau of State Police
CHAPTER NUMBER AND TITLE: Ch. 3, Rules and Regulations Relating to Beano
ADOPTED RULE NUMBER: 2004-57
CONCISE SUMMARY: This rule will allow Beano licensees to lease Electronic Beano Equipment.
EFFECTIVE DATE: February 16, 2004
AGENCY CONTACT PERSON: Lt. John Dyer Sgt. Barry Hathaway
AGENCY NAME State Police
ADDRESS: 164 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-8731; (207) 624-8784


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife

CHAPTER NUMBER AND TITLE: Ch. 1 - 1.01, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2004-58
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water fishing. This body of rules is printed in its entirety in the 2004 Open Water Fishing Regulations Booklet available from the Department as well as license agents.
EFFECTIVE DATE: April 1, 2004

CHAPTER NUMBER AND TITLE: Ch. 1 - 1.02, Ice Fishing Regulations
ADOPTED RULE NUMBER: 2004-59
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to ice fishing. This body of rules is printed in its entirety in the Ice-in 2003 - March 31, 2004 Ice Fishing Regulations Booklet available from the Department as well as license agents.
An omission from this publication is being adopted as well and will be included in next year's book which pertains to the ice fishing regulations on a section of the Kennebec River. The following proposal was adopted by the Commissioner and consented to by the Advisory Council: Kennebec River, from Williams Dam in Solon to Shawmut Dam in Fairfield/Benton: Open per Class A; then closed to ice fishing from Shawmut Dam, Fairfield/Benton, downstream to tidewater, but open to open water fishing. EXCEPTION: From lower (Abenaki) dam in Madison, downstream to the confluence of the Sandy River, as defined by red posts: Open to open water fishing from January 1 - December 31: S-6; daily limit on salmon and trout: 1 fish. Minimum length limit on salmon, rainbow trout and brown trout: 16 inches; minimum length limit on brook trout: 12 inches.

AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041


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