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October 20, 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 Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (TANF) - Rev. #78-P, Exclude Reimbursements (Ch. III)
PROPOSED RULE NUMBER: 2004-P295
CONCISE SUMMARY: Existing policy excludes reimbursements for job related expenses from income used to determine eligibility for TANF to the extent they do not exceed actual expenses. This proposed rule amends the policy to exclude all of an ASPIRE job related reimbursement, even when the reimbursement is paid prospectively.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3769-A
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: November 19, 2004
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333-0011 TELEPHONE: (207) 287-3104
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 202, Tree Growth Tax Law Valuations - 2005
PROPOSED RULE NUMBER: 2004-P296
CONCISE SUMMARY: This rule fulfills the requirement that the Executive Director annually establish the 100% valuations per acre for each forest type by economic region for parcels classified under the Tree Growth Tax Law. This rule is applicable for tax year 2005.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 36 MRSA 576
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: November 29, 2004
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, PO Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: (207) 287-2013


ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Bureau of Health
CHAPTER NUMBER AND TITLE: Ch. 260, Regulations Regarding Rabies Immunization Requirements for Dog Licensure
ADOPTED RULE NUMBER: 2004-433
CONCISE SUMMARY: This rule exists to establish, in accordance with 7 MRSA 3922(3), requirements for dog rabies immunization for dog licensure. This rule is being amended to bring the requirement for rabies immunization of dogs prior to licensure into conformance with the federally required label statements on duration of immunity. It will also amend the specification of the certificate required for proof of immunization.
EFFECTIVE DATE: October 14, 2004
AGENCY CONTACT PERSON: Philip W. Haines, DrPH
AGENCY NAME: Department of Health and Human Services, Bureau of Health
ADDRESS: Key Plaza, 8th floor, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3290


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 980, Standards for Safeguarding Consumer Information
ADOPTED RULE NUMBER: 2004-445
CONCISE SUMMARY: Purpose of the Rule or Amendment: to establish standards for developing and implementing administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of consumer information, as mandated by the Gramm-Leach-Bliley Act.
EFFECTIVE DATE: October 11, 2004
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
TELEPHONE: (207)624-8460


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Furbearing Animals (Beaver Trapping Season Dates and Closures)
CHAPTER NUMBER AND TITLE: Ch. 4.01 (G.1 and l.b.)
ADOPTED RULE NUMBER: 2004-446
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing beaver trapping season dates and individual township openings and closings for the beaver trapping Townships or portions thereof are opened and closed on an individual basis to manage local beaver populations within the general season framework.
A copy of the rule may be obtained from the agency contact person.
TYPE OF RULE: Amendment to Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 19, Operation of Motor Vehicles on Public Water Supply
ADOPTED RULE NUMBER: 2004-447
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule prohibiting the operation of motor, vehicles (excluding snowmobiles and all-terrain vehicles) on Hall's Pond located in the town of Paris, Oxford County.
EFFECTIVE DATE: October 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


AGENCY: 94-411 - Maine State Retirement System
CHAPTER NUMBER AND TITLE: Ch. 803, Participating Local District Consolidated Retirement Plan
ADOPTED RULE NUMBER: 2004-448
CONCISE SUMMARY: This rule governs the Consolidated Plan for Participating Local Districts. The proposed amendments change the conditions under which members are permitted to purchase additional service credit and modify specific provisions of the disability retirement plan by which plan participants are covered.
EFFECTIVE DATE: October 12, 2004
AGENCY CONTACT PERSON: Kathy Morin
AGENCY NAME: Maine State Retirement System
ADDRESS: 46 State House Station, Augusta, ME 04333-0046
TELEPHONE: 512-3190 or 1 (800) 451-9800


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 331, Public Assistance Manual (TANF) - Ch. IX, Alternative Aid, Rev. #76-A
ADOPTED RULE NUMBER: 2004-449
CONCISE SUMMARY: Currently, the rules that govern the TANF payment, including the asset limit and budgeting process, apply to Alternative Aid Assistance. This amendment increases the gross income pretest for eligibility to participate in Alternative Aid Program.
The Alternative Aid Assistance Program is amended in this way:
* The gross income pretest increased to 133% of the Federal Poverty Level.
EFFECTIVE DATE: November 1, 2004
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager
AGENCY NAME: Department of Health and Human Services, Bureau of Family Independence
ADDRESS: 11 State House Station, Whitten Road, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-3104
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 02-385 - Manufactured Housing Board
CHAPTER NUMBER AND TITLE: Ch. 110, State Certification of Manufactured Housing Authority
ADOPTED RULE NUMBER: 2004-450
CONCISE SUMMARY: These amendments: (a) incorporate updated versions of the building and mechanical codes that establish health and safety standards for the construction and installation of state-certified manufactured housing (i.e., modular homes); (b) define and establish a standard of journeyman quality workmanship for the manufacture, installation and service of modular homes; and (c) modify the definition of a habitable attic to require a fixed stairway for access and egress (i.e., no folding stairs), and to clarify that a habitable attic is not a story. The amendments make specific code exceptions for Maine conditions such as snow load and wind load and for other special circumstances.
EFFECTIVE DATE: October 13, 2004
AGENCY CONTACT PERSON: Robert V. LeClair, Executive Director
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8678


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 12, Consumer Directed Attendant Services
ADOPTED RULE NUMBER: 2004-451
CONCISE SUMMARY: The adopted rules create service levels based on. level of need as defined by specific eligibility criteria. Each level has an associated cap on the number of allowable personal care hours and a cap on the number of personal care hours that can be spent on instrumental activities of daily living (IADLs). The Provider Agency will now be reimbursed for providing case management services under Section 13, Targeted Case Management, of the MaineCare Benefits Manual. The Assessing Services Agency will be reimbursed through a separate contract for administrative services. Annualized aggregate state and federal expenditures will be reduced by approximately $270,000 as a result of restructuring payment for these services. These changes are adopted to achieve legislatively mandated budget savings. The adopted rules also further specify the role of the Provider Agency. The adopted rule also clarifies when services are considered to be duplicative, covered services, definitions, and the eligibility process. Certain information, such as confidentiality requirements, that is already included in Ch. I, is deleted. Terminology, such as using MaineCare instead of Medicaid and member instead of recipient, is also updated. Additional changes include revisions to billing procedure codes necessary to update MaineCare billing codes to current coding practice.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 31, 2004
AGENCY CONTACT PERSON: Kip Neale
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)
A copy of the materials related to this change can be viewed at any Department of Health and Human Services regional office.


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