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Weekly Rulemaking Notices Contact Us Find It

October 6, 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 & Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Moose Hunting
PROPOSED RULE NUMBER: 2004-P286
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife is proposing to adopt a rule amending the season by adding Wildlife Management District 4 to the season that begins on the Monday following the close of the bear baiting season (September) and remaining open for 6 days. Permits will be issued during both seasons (September and October) for WMD 4.
In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 28 and 29 the season will begin on the second Monday of October and remain open for 6 days.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 11552
PUBLIC HEARING: Monday, October 25, 2004 - Community House, Pritham Avenue, Greenville, ME; 6:30 p.m.
DEADLINE FOR COMMENTS: November 4, 2005
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


ADOPTIONS

AGENCY: 16-227 - Department of Public Safety, Maine Criminal Justice Academy
CHAPTER NUMBER AND TITLE: Ch. 1, General Provisions; Ch. 3, Entrance Standards; Ch. 5, Training Standards; Ch. 7, Certificates and Awards; Ch. 9, Extensions and Waivers; Ch. 11, Costs
ADOPTED RULE NUMBER: 2004-421 through 2004-426
CONCISE SUMMARY: The Maine Criminal Justice Academy's Board of Trustees governs the certification of law enforcement and correctional officers. The Board also sets admission standards to Board approved courses. After a comprehensive review of its rules, the Board is proposing changes to make those rules consistent with changes to Maine law. Entrance standards for the Basic Law Enforcement Training Program will be adjusted to reflect current practices.
EFFECTIVE DATE: September 28, 2004
AGENCY CONTACT PERSON: John B. Rogers, Director
AGENCY NAME: Maine Criminal Justice Academy
ADDRESS: 15 Oak Grove Road, Vassalboro, Maine 04989
TELEPHONE: (207) 877-8000,


AGENCY: 10-149 - Department of Health and Human Services, Bureau of Elder and Adult Services
CHAPTER NUMBER AND TITLE: Ch. 5, Bureau of Elder and Adult Services Policy Manual
ADOPTED RULE NUMBER: 2004-427
CONCISE SUMMARY: These routine technical rules amend Sections 40 and 63 of the Bureau of Elder and Adult Services Policy Manual. Section 40 - GENERAL ADMINISTRATIVE REQUIREMENTS FOR ALL PARTIES: Wording has been added in subsection 40.01(E) Maintaining Services to clarify time frames for notice to consumers and request for hearing when eligibility is terminated or covered services are reduced; and to clarify that services will not be reinstated during the appeal process if services have been suspended in accordance with the rules for more than 30 days. Section 63 - IN-HOME AND COMMUNITY SUPPORT SERVICES FOR ELDERLY AND OTHER ADULTS: Added to this section are definitions of assisted living services and residential care facility which reflect statutory changes and of Fiscal Intermediary (FI), which is an entity new to the program to assist families with administrative and payroll functions to assure compliance with federal and state tax and labor laws. Health Assessment has been eliminated since it did not prove cost effective. Throughout, the terms Personal Care Services and Congregate Housing Services have been replaced by Personal Support Specialist Services and Independent Housing with Services respectively to reflect current usage and as required in Ch. 596 where Congregate Housing was eliminated and replaced with Independent Housing with Services. Eligibility asset limits of $50,000 for an individual and $75,000 for a couple have been added to the program, the cost cap per level of care has been reduced and caps have been placed on homemaker activities per level of care. These three are being proposed to meet budgeted savings targets enacted by the Legislature. The proposed changes also clarify procedure for notification of termination of state-funded in-home and community support services once MaineCare eligibility has been established; add newly enacted statutory employment restrictions for providers of personal support and homemaker services; add a Family Provider Option to Personal Support Services section to improve effectiveness and replace the "Self-directed Option" which has been eliminated; increase the hours of training required for Personal Support Specialists to assure competency; and require the Home Care Coordinating Agency to contract with a Fiscal Intermediary who agrees to perform tasks related to the new Family Provider Option.
EFFECTIVE DATE: October 4, 2004
AGENCY CONTACT PERSON: Betty Forsythe
AGENCY NAME: Bureau of Elder and Adult Services
ADDRESS: #11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9200
TOLL FREE: 1 (800) 262-2232
TOLL FREE TTY: 1 (888) 720-1925


AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 13, Rules Governing Driver License Restrictions
ADOPTED RULE NUMBER: 2004-428
CONCISE SUMMARY: This rule describes the factors to be considered when restrictions are placed on driver's licenses.
EFFECTIVE DATE: October 3, 2004
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr., Director, Driver's License Services
AGENCY NAME: Department of the Secretary of State, Bureau of Motor Vehicles
ADDRESS: 29 State House Station, Augusta, ME. 04333
TELEPHONE: (207) 622-9092


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