Skip Maine state header navigation

Agencies | Online Services | Help

Weekly Rulemaking Notices Contact Us Find It

October 27, 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: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
RULE TITLE OR SUBJECT: Ch. 240, Standards of Professional Practice
PROPOSED RULE NUMBER: 2004-P297
CONCISE SUMMARY: The amendment to Ch. 240 identifies the current edition of the standards of professional practice with which licensees shall comply.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES:
STATUTORY AUTHORITY: 32 MRSA c.124 14012
PUBLIC HEARING: None
DEADLINE FOR WRITTEN COMMENTS: November 26, 2004
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 05-071 - State Board of Education
RULE TITLE OR SUBJECT: Ch. 115, Certification, Authorization, and Approval of Education Personnel: Part 1, Standards and Procedures for Certification, Authorization and Approval; Part II, Requirement for Specific Certificates and Endorsements
PROPOSED RULE NUMBER: 2004-P298
CONCISE SUMMARY: Amendments to Ch. 115, Part II include a revision to the Early Childhood (Kindergarten - grade 3) endorsement which would specify required coursework for teaching the young child, replacing required courses for teaching the general (Kindergarten - grade 8) elementary child; both the teacher of art and teacher of music endorsement are revised to require studio and/or performance coursework, as well as history and theory coursework; a new native language endorsement has been created that allows for teacher certification for teaching Waponahki languages. Ch. 115 Part I and Part II will include a pathway for individuals who don't hold a bachelor's degree to attain the native language endorsement; and, minor changes to current language, which clarify intent of the rule, spelling corrections, formatting adjustments and typographical errors have been made.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA 13011(1)
PUBLIC HEARING: November 19, 2004, 2:00 - 4:00 p.m., Burton M. Cross State Office Building, ATM Room 103, and three remote ATM sites: Calais High School, Calais; Ashland High School, Ashland; Greely High School, Cumberland Center.
DEADLINE FOR COMMENTS: December 1, 2004
AGENCY CONTACT PERSON: Judith Malcolm, Education Policy Director
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, Maine 04333-0023
TELEPHONE: (207) 624-6616


AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 100, Enforcement and Forfeiture Procedures
PROPOSED RULE NUMBER: 2004-P299
CONCISE SUMMARY: This chapter, as required by 22 MRSA 8705-A, provides for the establishment of a schedule of fines for failure to file clinical, financial, quality and restructuring data with the Maine Health Data Organization, failure to pay the annual assessment, and for willful failure to protect the disclosure of confidential data. The rule includes establishing forfeiture fee levels if filing deadlines are not met, if the submissions do not meet the established standards, if the assessment is not paid or if the identification of patients and practitioners is not protected.
STATUTORY AUTHORITY: 22 MRSA c.1683 8705-A
RULE TITLE OR SUBJECT: Ch. 120, Release of Data to the Public
PROPOSED RULE NUMBER: 2004-P300
CONCISE SUMMARY: This chapter provides for the manner and extent to which information submitted to or assembled by the MHDO or its predecessor agencies is made accessible to the public.
STATUTORY AUTHORITY: 22 MRSA c.1683 8707
RULE TITLE OR SUBJECT: Ch. 270, Uniform Reporting System for Quality Data Sets
PROPOSED RULE NUMBER: 2004-P301
CONCISE SUMMARY: This rule defines health care quality data sets and the provisions for filing the data sets by health care providers to the Maine Health Data Organization, including: identification of the organizations required to report; establishment of requirements for the content, form, medium, and time for filing health care quality metrics data; establishment of standards for the data reported; and compliance provisions.
STATUTORY AUTHORITY: 22 MRSA c.1683, 8708-A
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: November 18, 2004; 9:00 a.m., Casco Bay Room, Harraseeket Inn, Freeport
DEADLINE FOR COMMENTS: November 28, 2004
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director
AGENCY NAME: Maine Health Data Organization
ADDRESS: 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722


AGENCY: 99-346 - Maine State Housing Authority
RULE TITLE OR SUBJECT: Ch. 1, Home Mortgage Program Rule
PROPOSED RULE NUMBER: 2004-P302
CONCISE SUMMARY: The purpose of the proposed amendment to the Home Mortgage Program Rule is to redefine "Lender" to include lenders that originate, lenders that sell, and lenders that originate and sell loans for MSHA's purchase; substitute "Mobile Home" for "Manufactured Housing" where appropriate; add applicable federal mortgage insurance and guaranty program requirements to the quality standards an eligible residence must meet; replace the $50,000 net worth limit and the description of the net worth calculation with language permitting MSHA to establish a net worth limit and determine how net worth is calculated; give MSHA greater flexibility in establishing hazard insurance requirements; allow MSHA to restrict the amount of loans insured by one insurer or originated pursuant to a particular program; conform the provisions regarding a lender's duty to repurchase a loan to those in the mortgage purchase agreement executed by MSHA and the participating lenders that sell loans to MSHA; state that MSHA may impose conditions on lenders' continued participation such as requiring lenders to maintain a certain level of quality in originating and selling loans; and make minor technical corrections.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 30-A MRSA 4741(1)
PUBLIC HEARING: November 16, 2004, 10:00 a.m., Maine State Housing Authority, 41 Anthony Avenue, Augusta, ME 04330. The meeting room is accessible to persons with physical disabilities and, upon sufficient notice, appropriate communication auxiliary aids and services will be provided for persons with disabilities.
DEADLINE FOR COMMENTS: November 29, 2004, 5:00 p.m.
AGENCY CONTACT PERSON: Linda Sears Uhl, Esq., Maine State Housing Authority, 353 Water Street Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 29, Dealer Margin
PROPOSED RULE NUMBER: 2004-P303
CONCISE SUMMARY: Hearing on Dealer Costs.
THIS RULE WILL NOT HAVE A FISCAL INTACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954
PUBLIC HEARING: 1:30 p.m., Friday, November 19, 2004, Department of Agriculture, Food & Rural Resources, Deering Building, Hospital Street, Room 233, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
Prefile: November 19, 2004
Closing Comments: 5:00 p.m. Monday, November 29,2004
NAME: Stanley Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station 28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


ADOPTIONS

AGENCY: 02-416 - State Board of Social Worker Licensure
CHAPTER NUMBER AND TITLE: Ch. 10, Definitions; Ch. 11, Advisory Rulings; Ch. 12, Application for Licensure; Ch. 14, Continuing Professional Education; Ch. 15, Scope of Practice; Ch. 16, Enforcement and Disciplinary Procedures
ADOPTED RULE NUMBER: 2004-456 through 466
CONCISE SUMMARY: The board repealed Ch. 1-5 of its existing rules and adopted new Ch. 10, 11, 12, 14, 15 and 16. (Ch. 13 was adopted in an earlier rulemaking proceeding.) The new chapters-
- Redefine the educational requirements for the licensed social worker conditional license in accordance with PL 2003 c. 429
- Formulate categories of major sexual violations and minor sexual violations as disciplinary violations
- Cite to an updated edition of the National Association of Social Workers Code of Ethics in connection with disciplinary violations
- Establish "gross deviation from the appropriate standard of care in the provision of social work services" as a disciplinary violation
- Establish the failure of consultants and consultees to adequately perform the obligations of the consultancy or of an engagement undertaken in connection with a board order or consent agreement as a disciplinary violation
- Require licensees to include 4 hours of ethics in the 25 hours of continuing professional education required for biennial license renewal
- Specify acceptable categories of continuing professional education, with limitations in the number of hours that can be earned in certain categories
- Implement the audit provisions for the reporting of continuing professional education contained in Ch. 13 of the rules of the Office of Licensing and Registration
- Reflect the transfer of fee-setting authority from the board to the Director of Licensing and Registration, as authorized by 10 MRSA 8003(2-A)(D).
EFFECTIVE DATE: October 23, 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: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II and III Section 100, Psychological Services
ADOPTED RULE NUMBER: 2004-467
CONCISE SUMMARY: This final rule establishes therapy services limitations of 16 total hours per member per year as directed by the Legislature. The services limitation does not apply to members under the age of 21, chronic pain management services, emergency services, psychological examiner intervention services, collateral contact, or psychological testing. Ch. III has been amended to include code changes that will replace existing codes for purposes of HIPAA compliance. The 16 hour therapy services limitation begins October 31, 2004.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 24, 2004
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: 02-029 - Department of Professional and Financial Regulation, Bureau of Financial Institutions
CHAPTER NUMBER AND TITLE: Ch. 131 (Regulation #31), Assessments - Financial Institutions
ADOPTED RULE NUMBER: 2004-468
CONCISE SUMMARY: Ch. 131 (Regulation #31) lowers the rate of assessment for banks and credit union from 7 cents for each $1,000 of the total of average assets to 6 cents for each $1,000 of the total average assets.
EFFECTIVE DATE: October 26, 2004
AGENCY CONTACT PERSON:
NAME: Colette L. Mooney
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
PHONE NUMBER: (207) 624-8570


Corporations Uniform Commercial Code Elections APA Rules Notaries Boards & Commissions
Home Archives Bureau of Motor Vehicles Corporations, Elections and Commissions What's New Secretary's Desk Kid's Page
© Department of the Secretary of State