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Weekly Rulemaking Notices Contact Us Find It

June 2, 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: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Proposed Rule: Ch. 101, MaineCare Benefits Manual: Ch. II Section 13, Targeted Case Management Services
PROPOSED RULE NUMBER: 2004-P132
CONCISE SUMMARY: This proposed rule will allow providers with a contract with the Office of Substance Abuse to deliver case management services to substance abusing pregnant and parenting women under Section 13.15, Case Management Services for Pregnant and/or Postpartum Women and/or those at Risk for Inadequate Parenting.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: June 23, 2004
Time: 1:00 p.m.
Location: Conference Room 4, 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 June 14, 2004.
DEADLINE FOR COMMENTS: July 5, 2004
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY: Bureau of Medical Services, Division of Policy and Provider Services, 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3828
FAX: (207) 287- 9369
TTY: 1 (800) 423-4331 or (207) 287- 1828 (Deaf/Hard of Hearing)


AGENCY: 10-146 - Department of Human Services, Bureau of Health, Office of Health Data and Program Management
RULE TITLE OR SUBJECT: Ch. 7, Vital Records Fees
PROPOSED RULE NUMBER: 2004-P133
CONCISE SUMMARY: This rule amendment increases the fees for copies of vital records and for services performed in the processing and preparation of vital records.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 9
PUBLIC HEARING): Non scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 2, 2004
AGENCY CONTACT PERSON: Don Lemieux
AGENCY NAME: Department of Human Services, Bureau of Health, Office of Health Data and Program Management
ADDRESS: 161 Capitol St., Augusta, ME 04333
TELEPHONE: (207) 287-5486


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 29, Dealer Margins
PROPOSED RULE NUMBER: 2004-P134
CONCISE SUMMARY: The Maine Milk Commission will meet to review comments regarding a Model Dairy Study and adopt New Dealer Margins.
THIS RULE WILL NOT HAVE A FISCAL INTACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954
PUBLIC HEARING: 2:00 p.m., Tuesday, June 8, 2004, Room 233, Department of Agriculture, Deering Building - Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: June 8, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #07-04
PROPOSED RULE NUMBER: 2004-P135
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, June 18, 2004, Room 233, Department of Agriculture - Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: June 18, 2004
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building, Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 18-554 - Department of Administrative & Financial Services, Bureau of General Services
RULE TITLE OR SUBJECT: Ch. 60, Improvement of Energy Efficiency in State-funded Construction
PROPOSED RULE NUMBER: 2004-P136
CONCISE SUMMARY The rule is intended to set out the process that designers and building owners must follow to demonstrate that newly constructed or renovated State buildings achieve energy savings that exceed existing code requirements. The rule also applies to buildings built with state funds, including buildings funded through state bonds or the Maine Municipal Bond Bank.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: The rule is being promulgated pursuant to 5 MRSA 1764-A.
PUBLIC HEARING: Thursday, 24 June 2004 at 1:30 p.m. in Room 300 of the Cross State Office Building
DEADLINE FOR COMMENTS: Monday, 5 July 2004 by 5 p.m.
AGENCY CONTACT PERSON: Elaine Clark, Director, Bureau of General Services
AGENCY NAME: Department of Administrative & Financial Services, Bureau of General Services
ADDRESS: 77 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-7360


ADOPTIONS

AGENCY: 17-229 - Maine Department of Transportation
CHAPTER NUMBER AND TITLE: Ch. 299, Highway Driveway and Entrance Rules (amendment)
ADOPTED RULE NUMBER: 2004-174
CONCISE SUMMARY: This amendment to the previously adopted Highway Driveway and Entrance Rules clarifies administrative provisions and increases flexibility for permit applicants.
EFFECTIVE DATE: June 24, 2004
AGENCY CONTACT PERSON: Steve Landry
AGENCY NAME: Department of Transportation
ADDRESS: Maine Department of Transportation, Traffic Engineering Division, 16 State House Station, Augusta ME 04333-0016
TELEPHONE: (207) 624-3620


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 425, Asbestos Management Regulations
ADOPTED RULE NUMBER: 2004-175
CONCISE SUMMARY: The Department is proposing minor revisions to Ch. 425, the Asbestos Management Regulations. The Asbestos Management Regulations apply to asbestos inspection, consulting, and abatement work in all types of buildings. The revisions are intended to clarify certain requirements of this rule.
STATUTORY AUTHORITY: 38 MRSA 1271 et seq.
AGENCY CONTACT PERSON: Ed Antz
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7829


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 3, Form Filing: Section 4, Electronic Filing
ADOPTED RULE NUMBER: 2004-176
CONCISE SUMMARY: This amendment required 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.
EFFECTIVE DATE: June 1, 2004
AGENCY CONTACT PERSON: Timothy Collier, Assistant General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: (207) 287-7086


AGENCY: 05-071 - State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 115, Certification, Authorization, and Approval of Education Personnel
ADOPTED RULE NUMBER: 2004-177
CONCISE SUMMARY: This rule repeals and replaces the existing Ch. 115, effective August 1, 2005 except for the provisions relating to certification of administrators, which will take effect on September 1, 2004. This rule includes alternative pathways to certification for teachers, education specialists, and administrators. The rule is amended to allow teacher candidates and administrator candidates for certification the option of taking an assessment in lieu of some prescribed course work. The rule includes new performance standards for both beginning teachers and school administrators. Most teacher endorsements and educational specialist certificates will require 24 semester hours of content coursework plus assessments in basic skills, content and pedagogy. Computer technology, gifted/talented and ESL endorsements will not require a different teacher endorsement as a prerequisite. To meet the knowledge areas for an administrator certificate, there will be an assessment option. New certificates for athletic directors and assistant administrators of special education will be available.
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6616


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 607, Amendment 7, Access to Medical Education & Health Professions Loan Programs
ADOPTED RULE NUMBER: 2004-178
CONCISE SUMMARY: The Rule Amendment (a) increases the maximum Health Professions loan amount available to recipients participating in the Access program from $20,000 to $25,000; and (b) changes the rate of interest to be charged during a period of payment deferment from the then applicable federal Stafford loan rate plus 1.5% to the recipient's actual note rate (for students commencing graduate education on or after January 1, 1993).
EFFECTIVE DATE: June 2, 2004
AGENCY CONTACT PERSON:
Katryn Gabrielson, Assistant Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #06-04
ADOPTED RULE NUMBER: 2004-179
CONCISE SUMMARY: Minimum June, 2004 Class I price is $24.38 plus $0.15/cwt. for Producer Margins and an over order premium of $1.10/cwt. as being prevailing in southern New England for a total of $25.63. Class II minimums set at $15.36 for April, 2004 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.htm
EFFECTIVE DATE: June 1, 2004
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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