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Weekly Rulemaking Notices Contact Us Find It

April 14, 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: 02-416 - State Board of Social Worker Licensure
RULE TITLE OR SUBJECT: Ch. 13, Licensure
PROPOSED RULE NUMBER: 2004-P93
CONCISE SUMMARY This is a request for additional written comment on a substantial change which the board intends to make to Ch. 13, Section 2 of the proposed rules.
The board has completed rulemaking proceedings to repeal and replace the board's rules. The proposed rule would have permitted social workers employed at health care facilities licensed by the Department of Human Services to complete the conditional consultation and LSW consultation in a manner prescribed by that department, in accordance with current practice.
The board now intends to adopt a rule that would require social workers employed at health care facilities licensed by DHS to complete the same conditional consultation and the same LSW consultation required of all social workers generally. Both the conditional consultation and the LSW consultation require documentation of 96 hours of consultation during 3200 hours of social work employment in a period of 2 to 4 years.
The board hereby requests written comment on this change. Detailed information as to the reasons for the change and the text of the change may be obtained from the agency contact person identified below.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 7030(2), 7053, 7057 and 7060
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: May 14, 2004
AGENCY CONTACT PERSON: Penny Vaillancourt, Board Administrator
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624 8420


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 104 Section 3, Maine Rx Plus Benefit
PROPOSED RULE NUMBER: 2004-P94
CONCISE SUMMARY: These rules propose to permanently adopt an emergency rule regarding the Maine Rx Plus benefit. The emergency rule, filed March 18, 2004, added mail order pharmacy coverage for the benefit so that participants have immediate enhanced access opportunity for prescription drugs when they voluntarily choose to receive their prescriptions through mail order in 90-day supplies. The Department is negotiating a lower reimbursement rate for this and other Department pharmacy benefits for the benefit of participants. As a result, Maine Rx Plus participants will be able to obtain prescriptions at considerably lower prices than they currently pay at retail pharmacies.
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: 5 MRSA 8052
PUBLIC HEARING:
Date: May 6, 2004, 1:00 p.m.
Location: Department of Human Services, Conference Room, 442 Civic Center Drive, Augusta, Maine 04333. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before May 1, 2004.
DEADLINE FOR COMMENTS: May 16, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 13.08, Watercraft (Motor Size Restrictions on Certain Inland Waters)
PROPOSED RULE NUMBER: 2004-P95
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations:
Upper Goose Pond, Town of Shapleigh - Motorboats prohibited.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7792
PUBLIC HEARING: May 4, 2004, Shapleigh Town Hall, 22 Back Rd., Shapleigh - 6:30 p.m.
DEADLINE FOR COMMENTS: May 21, 2004
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, Maine General Assistance Manual - Removal of Federal Poverty Levels from Policy and Clarification of Shelter Cost
PROPOSED RULE NUMBER: 2004-P96
CONCISE SUMMARY: The Federal Poverty Levels do not need to be part of policy. They should be an informational tool that is provided to the municipalities yearly. This stops the necessity of a yearly policy change. The clarification of rental cost gives examples that will aid GA directors in calculating the correct assistance to be given.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES. Fiscal impact will be minimal. Municipalities are using the applicable Federal Poverty Levels to calculate proration of Lump Sum Payments. The clarification of shelter cost doesn't change the maximums being used.
STATUTORY AUTHORITY: 22 MRSA 42
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: May 14, 2004
AGENCY CONTACT PERSON: Cynthia Boyd, General Assistance Program Manager
AGENCY NAME: Department of Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-3097
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE: Ch. 155, Portable Fuel Container Spillage Control
PROPOSED RULE NUMBER: 2004-P97
CONCISE SUMMARY: The Department is proposing to amend the Ch. 155 Portable Fuel Container Spillage Control regulation to correct an incorrect citation in the Innovative Products Exemption contained in Section 5 of Ch. 155.
Copies of these rules are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the opportunity to request a public hearing and provided an opportunity for comment. Any party interested in providing public comment can provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA 585 and 585-A
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: May 15, 2004
AGENCY CONTACT PERSON: Jeff Crawford
AGENCY NAME: Bureau of Air Quality, Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, ME 04333
TELEPHONE: (207) 287-2437


ADOPTIONS

AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance

CHAPTER NUMBER AND TITLE: Ch. 420, Nursing Home Care Insurance and Long-term Care Insurance
ADOPTED RULE NUMBER: 2004-111
CONCISE SUMMARY: The purpose of this rule is to set forth ongoing requirements applicable to nursing home and long term care insurance policies issued prior to October 1, 2004.
(Drafting Note: Maine Insurance Rule Ch. 425 establishes rating standards and requirements applicable to long-term care insurance policies issued on and after October 1, 2004.).

CHAPTER NUMBER AND TITLE: Ch. 425, Long Term Care
ADOPTED RULE NUMBER: 2004-112
CONCISE SUMMARY: The purposes of this rule are to implement the Long-Term Care Insurance law, 24-A MRSA 5071-5080, to promote the public interest, to increase the availability of long-term care insurance coverage, to protect applicants for long-term care insurance from unfair or deceptive sales and enrollment practices, to facilitate public understanding and comparison of long-term care coverages, and to encourage flexibility and innovation in the development of long-term care insurance.

EFFECTIVE DATE: July 1, 2004
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta ME 04333
Phone: (207)624-8460


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 25.20, Lobster and Crab: Protected Resources
ADOPTED RULE NUMBER: 2004-113
CONCISE SUMMARY: The Commissioner has adopted the federal Atlantic Large Whale Take Reduction Plans' Area 1 lobster gear modifications in order to provide for consistency with the Plans' requirements and to enhance protected resource enforcement efforts by the Marine Patrol. The federal plan has been developed to reduce all fishing gear entanglements that cause serious injury or mortality to large whales to a rate approaching zero. These requirements include: no line floating at the surface; no wet storage of gear over 30 days; and the encouragement of knot free buoy lines. These amendments, being major substantive rules pursuant to 12 MRSA 6171(5), were provisionally adopted on November 19, 2003, and are finally adopted subsequent to legislative review and resolve effective March 24, 2004.
EFFECTIVE DATE: May 1, 2004
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04576-0008
WEB SITE: www.maine.gov/dmr/rulemaking/
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Motorsize Restrictions on Certain Inland Waters
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Regulations
ADOPTED RULE NUMBER: 2004-114
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing a motorsize restriction on Fahi Pond and Sand Pond, both located in the town of Embden, Somerset County. Motorboats with more than 10 horsepower will be prohibited on these bodies of water.
EFFECTIVE DATE: April 11, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5201


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