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Weekly Rulemaking Notices Contact Us Find It

December 1, 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. 332, MaineCare Eligibility Manual - SSI COLA Increase 2005
PROPOSED RULE NUMBER: 2004-P323
CONCISE SUMMARY: The SSI COLA increase of 2.7% is reflected in the MaineCare income limits for coverage in the following MaineCare categories: Home Based Waivers, Katy Beckett, Categorical Nursing Care, Adult Family Care Homes and the income limit for the State Supplement.
The amount of protected assets for a community spouse of a nursing home applicant increases to $95,100. The maximum monthly income to a community spouse of a nursing home resident increases to $2,378. Increases the premium for the HIV benefit by $1-2.00.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people
DEADLINE FOR COMMENTS: December 31, 2004
AGENCY CONTACT PERSON: Barbara Feltes, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta ME 04333-0011
TELEPHONE: 1 (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #01-05
PROPOSED RULE NUMBER: 2004-P324
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, December 17, 2004, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS:
December 17, 2004
NAME: Stanley K_ Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 09=137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. l.01, Open Water Fishing Regulations
PROPOSED RULE NUMBER: 2004-P325
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing regulation changes for the upcoming open water fishing seasons on the following waters: Little Tunk Pond in Hancock County; Misery Pond and Horseshoe Pond, both in Somerset County. The proposed change for Little Tunk Pond and Misery Pond are to implement a "no size or bag limit on bass" on both waters to encourage harvest of illegally stocked bass. The proposal for Horseshoe Pond will be to repeal the size and bag limit on trout and replace them with a requirement that all trout caught be released alive at once. Written comments may be submitted on any of these proposals.
STATUTORY AUTHORITY: 12 MRSA 10104
PUBLIC HEARING: None scheduled; one may be requested. Written comments may be submitted.
DEADLINE FOR COMMENTS: December 31, 2004
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
E-MAIL: andrea.erskine@state.me.us


ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual - Appendix Chart VII Cub Care Premiums and Section 9000.11 (III)
ADOPTED RULE NUMBER: 2004-541
CONCISE SUMMARY: Monthly premiums for MaineCare coverage under the Cub Care Group are being increased, effective December 1, 2004.
EFFECTIVE DATE: November 23, 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 of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4.03, Deer Hunting Seasons - Open and Closed Areas
ADOPTED RULE NUMBER: 2004-542
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule to establish the framework for the hunting season for deer (with hand-held bow and arrow only) within the Drakes Island and Wells Sanctuaries, in the town of Wells. Again this year, this is a permit-only hunt with permits being issued to licensed archery hunters authorized by a landowner. This special permit hunt will be open for a specified period between December 1 and December 31 annually.
EFFECTIVE DATE: November 23, 2004
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, 284 State Street, Augusta, ME 04333-004
TELEPHONE: (207) 287-5201


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4 - 4.06, Turkey Hunting
ADOPTED RULE NUMBER: 2004-543
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule amending the wild turkey hunting season as follows: adds Wildlife Management District 14 to the area open to hunting; establishes the dates for the split season to occur as follows: Season A: May 2, 2005 - May 7, 2005 and May 23, 2005 - May 28, 2005; Season B: May 9 - May 14, 2005 and May 16 - May 21, 2005; All hunters: May 30, 2005 - June 4, 2005. (Permittees who have not taken a turkey during their designated season will be allowed to hunt during the last week of the season). The rule also increases the number of permits from 15,600 to 20,300 (10,150 in Season A and 10,150 in Season B). A Youth Wild Turkey Hunting Day will occur on the Saturday preceding the first day of Season A (April 30, 2005). A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
EFFECTIVE DATE: November 23, 2004
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station, 284 State Street, Augusta, ME 04333-004
TELEPHONE: (207) 287-5201


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 596, Overboard Discharges: Licensing and Abandonment
ADOPTED RULE NUMBER: 2004-544
CONCISE SUMMARY: These proposed amendments to the existing Ch. 596 rule contain changes to make the rule consistent with recent amendments to 38 MRSA 411-A(2-A), 413(3) and 414-A(1-B) due to PL 2003 Ch. 246, effective September 13, 2003. The proposed amendments add language to provide consistency and clarity with other chapters, adding necessary definitions and eliminating obsolete terms and sections of the current rule. In addition the proposed amendments include clarifications on discharge increases and seasonal use, site evaluation requirements and system replacement. Finally, the proposed amendments require implementation of best practicable treatment at all facilities, including those on remote islands.
EFFECTIVE DATE: November 27, 2004
AGENCY CONTACT PERSON: Pamela Parker
AGENCY NAME: Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7905


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 58, Licensed Clinical Social Worker and Licensed Clinical Professional Counselor Services
ADOPTED RULE NUMBER: 2004-545
CONCISE SUMMARY: This final rule adds Licensed Marriage and Family Therapists as approved providers of prior authorized professional assessment, counseling and therapeutic services to children or adults referred by the Bureau of Child and Family Services or the Bureau of Elder and Adult Services. The rule updates standard terminology throughout the rule and deletes obsolete text regarding policies and procedures and billing instructions with references to Ch. 1, General Administrative Policies and Procedures. As a result of comments, the Department has removed the HCPCS and CPT codes and rates associated with those codes from Ch. III. The Department will notify providers of the correct codes and rates associated with those codes at least 30 days prior to implementation of the code conversion.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 5, 2004
AGENCY CONTACT PERSON: Greg Nadeau, Health Planner
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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 Section 4, Ambulatory Surgical Center Services.
ADOPTED RULE NUMBER: 2004-546
CONCISE SUMMARY: This final rule change caps MaineCare reimbursement for services provided at ambulatory surgical centers at 2002 Medicare rates.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: November 28,2004
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: 09-137 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 594, State Contribution to Overboard Discharge Replacement Projects
ADOPTED RULE NUMBER: 2004-547
CONCISE SUMMARY: This proposed amendment to the existing Ch. 594 rule contains changes to make the rule consistent with recent amendments to 38 MRSA 411-A(2-A), 413(3) and 414-A(l-B). The amendments change the basis for reimbursement from property usage to annual income of the property owner for the previous year. The changes also provide reimbursement for replacements systems required by property transfers and reimbursement for system replacements required at time of relicensure. Additional changes include definitions for construction costs and property usage. Priority levels are changing and the process for developing a priority list is clarified. Eligible costs are clarified and grant percentage for multi-use properties is explained as a pro-rata share of all uses. The method of grant administration is being clarified to cover individual or town administered projects. Additional changes will clarify which documents are required for a contract, department notification before contract award, how payments will be made and clarification of inspection requirements for system installations.
EFFECTIVE DATE: November 28, 2004
AGENCY CONTACT PERSON: Richard Green
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 287-7765


AGENCY: 16-222 - Department of Public Safety
CHAPTER NUMBER AND TITLE: Ch. 20, Uniform Standardized Forensic Examination Kit for Gross Sexual Assault Evidence Collection
ADOPTED RULE NUMBER: 2004-548
CONCISE SUMMARY: This rule will define the Maine State Sex Crimes Evidence Collection Kit to be used for forensic evidence collection in alleged cases of gross sexual assault.
EFFECTIVE DATE: November 28, 2004
AGENCY CONTACT PERSON: Gretchen Hicks, Forensic Chemist
AGENCY NAME: Maine State Police Crime Laboratory
ADDRESS: 26 Hospital Street, Augusta, ME 04333
TELEPHONE: (207) 624-7017


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #12-04
ADOPTED RULE NUMBER: 2004-549
CONCISE SUMMARY: Minimum December, 2004 Class I price is $17.68 plus $0.74/cwt. for Producer Margins and an over order premium of $ 1.10/cwt. as being prevailing in Southern New England for a total of $19.52. Class II minimums set at $13.72 for October, 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: December 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


AGENCY: 02-041 - Department of Professional and Financial Regulation, Office of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2004-550
CONCISE SUMMARY This amendment decreased license fees of six boards and regulatory functions within the Office of Licensing and Registration and increased license fees of one board. The amendment also established a standard photocopy fee for the Office of Licensing and Registration, and documented the $10 charge for a licensee register list on diskette or CD-ROM.
EFFECTIVE DATE: December 1, 2004
AGENCY CONTACT PERSON: Jeffrey Frankel, Staff Attorney
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8615


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