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Weekly Rulemaking Notices Contact Us Find It

August 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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Season Dates and Open and Closed Areas for Beaver Trapping
PROPOSED RULE NUMBER: 2004-P243
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt the following amendments to the regulations pertaining to Upland Game and Furbearing Animals:
The Department of Inland Fisheries and Wildlife proposes to adopt the following season dates for beaver trapping:
Wildlife Management Districts 1, 2, 3, 4, 5, 6: November 1 - April 30
Wildlife Management Districts 9, 10, 11, 18, 19, 28, 29: December 1 - April 30
Wildlife Management Districts 7, 8, 13, 14, 17: December 1 - March 31
Wildlife Management Districts 12, 15, 16, 23, 25, 26, 27, 30: December 1 - February 28
Wildlife Management Districts 20, 21, 22, 24: January 1 - February 28

During the open season for beaver trapping in any of the thirty wildlife management districts, certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified areas open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
(List of closures will be available at the august council meeting.). A copy of the proposed beaver season rule may be obtained from the Agency Contact Person and Regional Wildlife or Warden Service offices.
STATUTORY AUTHORITY: 12 MRSA 7035.
PUBLIC HEARINGS: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 17, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333-0041
E-MAIL: Andrea.Erskine@state.me.us


AGENCY: 10-149 - Department of Health and Human Services, Bureau of Elder and Adult Services, Assisted Living Licensing Services
RULE TITLE OR SUBJECT: Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs - Private Non-Medical Institutions
PROPOSED RULE NUMBER: 2004-P244
CONCISE SUMMARY: Pursuant to 22 MRSA 7853 and PL Ch. 673, Part V, Section V-1, V-2, V-3 and V-6, the Department of Health and Human Services is promulgating proposed rules for Private Non-Medical Institutions. Private Non-Medical Institutions are a category of licensed assisted housing programs that receive MaineCare funding. These rules cover:
Level I Private Non-Medical Institutions that are 1 or 2 beds.
Level II Private Non-Medical Institutions that are 3-6 beds.
Level III Private Non-Medical Institutions that are 3-6 beds and employ more than 3 non related employees.
Level IV Private Non-Medical Institutions that are 7 or more beds.
These rules cover such areas as: Definitions; How to Apply for a License; Enforcement Procedures; Resident Rights; Regulations for Alzheimer's Units; Medications and Treatments; Verification of Certain Staff Credentials; Scope of License, Administration and Administrators; Provider and Staff Qualifications and Responsibilities; Administrative and Record Keeping; Resident Accounts; Standards of Resident Care; Staffing; Dietary Services; Nutrition; Sanitation/Dietary Services; Sanitation/Physical Plant Requirements; and Safety Standards.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 401 1717; Ch. 405 1812-C, 1812-G; Ch. 413 2053; Ch. 1453 5107-A; Ch. 1663 7801, 7802, 7804; Ch. 1664 7851-7861; Ch. 1666 7922; Ch. 1666-A 7931 et seq.; 32 MRSA Ch. 31 2102; PL Ch. 673, Part V, Section V-1, V-2, V-3 and V-6
PUBLIC HEARING: A public hearing will be held on September 7, 2004, 1-4 p.m., Augusta Civic Center, Kennebec Room, Augusta, Maine
DEADLINE FOR COMMENTS: September 17, 2004
AGENCY CONTACT PERSON: Peter Mauro, Jr., Director
AGENCY NAME: Assisted Living Licensing Services
ADDRESS: 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250
TTY: (888) 720-1925
E-MAIL: peter.mauro@maine.gov


ADOPTIONS

AGENCY: 02-416 - State Board of Social Worker Licensure
CHAPTER NUMBER AND TITLE: Ch. 13, Licensure
ADOPTED RULE NUMBER: 2003-312
CONCISE SUMMARY: Chapter 13:
* Clarified the consultation requirements for licensed social workers conditional, licensed social workers and master social workers conditional (clinical)
* Permitted limited recognition of volunteer work as part of the social work employment required at various steps/levels of licensure
* Clarified the clinical practice settings in which licensed master social workers conditional (clinical) may practice in preparation for licensure as licensed clinical social workers
* Provided 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
* Revised the board's practice concerning licensure by reciprocity
EFFECTIVE DATE: August 3, 2004
AGENCY CONTACT PERSON: Penny Vaillancourt
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8420


AGENCY: 04-058 - Department of Conservation, Bureau of Forestry
CHAPTER NUMBER AND TITLE: Ch. 23, Timber Harvesting Standards to Substantially Eliminate Liquidation Harvesting (Major Substantive)
ADOPTED RULE NUMBER: 2004-313
CONCISE SUMMARY: This rule establishes standards to substantially eliminate the practice of liquidation harvesting. Liquidation harvesting is defined as the purchase of timberland followed by a harvest that removes most or all commercial value in standing timber, without regard for long-term forest management principles, and the subsequent sale or attempted resale of the harvested land within 5 years. Timber harvesting which is inconsistent with the standards of this rule is prohibited on a parcel of land that is sold or offered for resale within five years of the date of purchase of the parcel.
EFFECTIVE DATE: January 2, 2005
AGENCY CONTACT PERSON: Donald J. Mansius
AGENCY NAME: Maine Forest Service
ADDRESS: 22 State House Station, Augusta, ME 04333-0022
TELEPHONE: (207) 287-4906


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual - State Supplement to Residents of Residential Care Facilities and MaineCare Coverage to Residents of State Funded Assisted Living Facilities
ADOPTED RULE NUMBER: 2004-314
CONCISE SUMMARY: This rule incorporates two new Living Arrangements for MaineCare: Residential Care Facilities (RCF) and 6 State Funded Assisted Living Facilities (ALF).
EFFECTIVE DATE: August 15, 2004
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5088
TTY: (207) 287-6948


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 8, Endangered Species: 8.05, Essential Habitat for Species Designated as Endangered or Threatened
ADOPTED RULE NUMBER: 2004-315
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule establishing 47 additions to areas protected as bald eagle nest sites; deletion of 25 previously designated Essential Habitats for bald eagles; and map corrections for 2 previously designated Essential Habitats for bald eagles in accordance with provisions of the State Endangered Species Act, Title 12, Subchapter V and Inland Fisheries and Wildlife Rules, Ch. 8.
EFFECTIVE DATE: August 15, 2004
AGENCY CONTACT PERSON: Mark Stadler, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: (207) 287-5252


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 45, Hospital Services
ADOPTED RULE NUMBER: 2004-316
CONCISE SUMMARY: This final rule increases the allowable reimbursement range formerly set at 85% to 95% of charges to a new allowable range of 90% to 100% of charges for non-State owned psychiatric facilities to assure access to necessary services. The final rule raises reimbursement for acute care hospitals as a result of funds allocated by the Legislature. Non-critical access hospitals outpatient reimbursement costs has been raised from 77% to 98% applied to the lesser of costs or charges; inpatient reimbursement has been raised by eliminating the discount previously applied when calculating rates per discharge and then applying a 5-6% adjustment factor. Critical access hospitals will be paid 101% of costs for both inpatient and outpatient services to mirror Medicare rules and a small adjustment will be made to payments for inpatient services related to relative share of MaineCare patients. State owned psychiatric hospitals are reimbursed on a cost basis.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
AGENCY CONTACT PERSON: Greg Nadeau
AGENCY NAME: Bureau of Medical Services
ADDRESS: 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367, 1 (800) 321-5557 option 9
TTY: (207) 287-3094 or 1 (800) 423-4331


AGENCY: 10-146 - Department of Health and Human Services, Bureau of Health, Office of Health Data and Program Management
CHAPTER NUMBER AND TITLE: Ch. 7, Vital Records Fees
ADOPTED RULE NUMBER: 2004-317
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.
EFFECTIVE DATE: August 16, 2004
AGENCY CONTACT PERSON: Don Lemieux
AGENCY NAME: Department of Health and Human Services, Bureau of Health, Office of Health Data and Program Management
ADDRESS: 161 Capitol St., Augusta, ME 04333
TELEPHONE: (207) 287-5468


AGENCY: 10-148 - Department of Health and Human Services, Community Services Center, Division of Licensing
CHAPTER NUMBER AND TITLE: Ch. 32, Rules for the Licensing of Child Care Facilities
ADOPTED RULE NUMBER: 2004-318
CONCISE SUMMARY: These adopted rules revise the Rules for the Licensing of Child Care Facilities (effective November 12, 2002). Revisions have been made to rules for staff ratios and group sizes and to the definition of group
EFFECTIVE DATE: August 17, 2004
AGENCY CONTACT PERSON: Robert Steinberg
AGENCY NAME: Community Services Center
ADDRESS: 221 State Street, Station #11 Augusta, ME 04333
TELEPHONE: (207) 287-5060
TDD: (207) 287-5048


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