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December 22, 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: 02-031 - Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 945, Annual Report Supplement for Health Insurers
PROPOSED RULE NUMBER: 2004-P196 (revised)
CONCISE SUMMARY: A public hearing on the proposed rule was held on July 20, 2004. Initially a public comment period remained open until July 30, 2004.
The Attorney General has notified the Superintendent that subsection 3(B) of the proposed rule does not comply with 24-A MRSA 423-D which mandates annual reporting by "each health insurer and health maintenance organization." (Emphasis added.) Proposed rule subsection 3(B) impermissibly exempts certain insurers from the mandatory reporting established by the Legislature. Accordingly, the Superintendent has modified the proposed rule to include mandatory reporting by all applicable insurers. The Superintendent considers the revisions a substantial change from the proposed rule thereby requiring a new comment period. The deadline for submitting comments on the proposed changes made to address the Attorney General's concerns is January 21, 2005, All earlier comments submitted regarding other provisions of the rule remain under advisement by the Superintendent.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 24-A MRSA 212 and 423-D
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: January 21, 2005
AGENCY CONTACT PERSON: Linda Gomeau, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8491


ADOPTIONS

AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 202, Tree Growth Tax Law Valuations - 2005
ADOPTED RULE NUMBER: 2004-577
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.
EFFECTIVE DATE: December 7, 2004
AGENCY CONTACT PERSON: Larry Record, Director
ADDRESS: Property Tax Division, PO Box 9106, Augusta, Maine 04332-9106
PHONE NUMBER: (207) 287-2013


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 235, Annual Audited Financial Reports
ADOPTED RULE NUMBER: 2004-582
CONCISE SUMMARY: This Rule is adopted by the Superintendent of Insurance pursuant to 24 MRSA 2317(2) and 24-A MRSA 212, 221-A(5), and 4218, in order to ensure that the annual audited financial reports required pursuant to 24-A MRSA 221-A and other applicable provisions of the Maine Insurance Code are prepared in compliance with the standards established by the National Association of Insurance Commissioners.
EFFECTIVE DATE: December 18, 2004
AGENCY CONTACT PERSON: Robert A. Wake
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
Phone: (207) 624-8430


AGENCY: 02-380 - Maine State Board of Nursing
CHAPTER NUMBER AND TITLE: Ch. 7, Standards for Educational Programs in Nursing
ADOPTED RULE NUMBER: 2004-583
CONCISE SUMMARY: 1) The amendment provides for an alternative mechanism to the site visit for the Board to survey nursing programs; 2) The process for taking the licensure examination for recent graduates in nursing educational programs is updated.
EFFECTIVE DATE: December 19, 2004
AGENCY CONTACT PERSON: Myra A. Broadway
AGENCY NAME: Maine State Board of Nursing
ADDRESS: 158 State House Station, Augusta, ME 04333-0158
TELEPHONE: (207) 287-1133


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