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December 29, 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 and Wildlife
RULE TITLE OR SUBJECT: Ch. 8, Essential Habitat for Species Designated as Endangered or Threatened: Endangered Species
PROPOSED RULE NUMBER: 2004-P134
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has proposed (1) 84 additional designations of areas as Essential Habitat for bald eagle nest sites; (2) 25 deletions of previously designated Essential Habitats for bald eagles; (3) 3 relocations of previously designated Essential Habitats for bald eagles; and (4) 3 administrative relabels of previously designated Essential Habitats for bald eagles.
One or more new bald eagle nest sites are being designated in the towns of Addison, Alexander, Attean Twp., Auburn, Bath, Brooksville, Brunswick, Caratunk, Carrying Place Twp., Chester, China, Cranberry Isles, Cutler, Deer Isle, Eastport, Edmunds Twp., Embden, Enfield, Franklin, Freedom, Georgetown, Greene, Greenville, Hampden, Harrington, Howland, Indian Twp., Islesboro, Jackman, Jonesport, Lewiston, Lexington Twp., Lincoln, Lubec, Machiasport, Mariaville, Matinicus Isle Plantation, Mattamiscontis Twp., Milbridge, Millinocket, Mount Desert, North Haven, Number 21 Plantation, Oakland, Orrington, Penobscot, Phippsburg, Portage Lake, Princeton, Sidney, Skowhegan, Solon, Square Lake Twp., Steuben, Stockton Springs, Stonington, Swans Island, Swanville, TA R7 WELS, TA R10 WELS, T1 R10 WELS, T3 Indian Purchase, T4 Indian Purchase, T7 R15 WELS, T8 R6 WELS, T9 R11 WELS, T9 R12 WELS, T11 R3 NBPP, T13 R8 WELS, T14 R6 WELS, T14 R8 WELS, T19 MD BPP, T28 MD, Topsfield, Topsham, Tremont, Trescott Twp., Unity, Vanceboro, Vassalboro, Vinalhaven, Waldoboro, Waltham, Warren, Whiting, Winn, Wiscasset, Woodville, and Woolwich.
One or more previously designated Essential Habitats for bald eagles are being deleted in the towns of Addison, Beals, Cranberry Isles, Cutler, Devereaux Twp., Edmunds Twp., Hartland, Leeds, Lubec, Marion Twp., North Haven, Portage Lake, Sorrento, Steuben, Sullivan, T1 R9 WELS, T1 R10 WELS, T2 R9 WELS, T2 R10 WELS, T6 R1 NBPP, T10 SD, Trescott Twp., and Warren.
Previously designated Essential Habitats for bald eagles are being remapped to improve map accuracy in the towns of Linneus, Oakfield, Portage Lake, T11 R8 WELS, T12 R8 WELS, and T14 R6 WELS.
Previously designated Essential Habitats for bald eagles are being remapped for administrative label changes in the towns of Franklin, Lubec, Square Lake Twp., and Trescott Twp.
Designation of mapped sites by rule would require evaluation by Inland Fisheries and Wildlife of any projects partly or wholly within areas that require state or local permits, or are funded by or carried out by state or local governments, to determine if the projects would significantly alter or unreasonably harm the Essential habitat. Letters of notification and maps of proposed areas have been sent to all known affected landowners.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035, 7753, 7754
PUBLIC HEARINGS: none scheduled; one may be requested.
DEADLINE FOR COMMENTS: January 28, 2005
AGENCY CONTACT PERSON: Written comments should be directed to Andrea Erskine, Maine Department of Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041, or by E-MAIL to andrea.erskine@state.me.us or by FAX to (207) 287-6395.


ADOPTIONS

AGENCY: 02-298 - Department of Professional & Financial Regulation, Board of Real Estate Appraisers
CHAPTER NUMBER AND TITLE: Ch. 240, Standards of Professional Practice
ADOPTED RULE NUMBER: 2004-584
CONCISE SUMMARY: The amendment identifies the current edition of the standards of professional practice with which licensees shall comply.
EFFECTIVE DATE: December 21, 2004
AGENCY CONTACT PERSON:
NAME: Carol J. Leighton, Administrator
ADDRESS: Department of Professional & Financial Regulation, Office of Licensing and Registration, 35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8520


AGENCY: 26-239 - Office of the Attorney General
CHAPTER NUMBER AND TITLE: Ch. 200, Rules Implementing the Maine Tobacco Master Settlement Agreement
ADOPTED RULE NUMBER: 2004-585
CONCISE SUMMARY: This chapter describes the procedures under which the Attorney General may require a tobacco product manufacturer to make quarterly certifications and escrow deposits and certain procedures relating to the directory. The Tobacco Manufacturers Act, 22 MRSA 1580-G, et seq., and the Tobacco Product Manufacturers Act, 22 MRSA 1580-L (hereinafter, collectively known as the "Tobacco Acts") were passed as a result of the Master Settlement Agreement ("MSA") entered into between 46 states, including Maine, and the major tobacco companies, requiring tobacco product manufacturers not participating in the MSA to set up qualified escrow accounts and to deposit funds into the accounts based on the number of manufacturers' cigarettes sold in each state. The Tobacco Acts provide for enforcement of the escrow obligations through setting up a directory to which all compliant tobacco product manufacturers are listed. These Rules provide tobacco product manufacturers with guidelines on how to become compliant and maintain their compliant status. Pursuant to 22 MRSA 1580-L(14), the Department of the Attorney General is responsible for administering the Tobacco Acts, and for promulgating these Rules.
EFFECTIVE DATE: December 22, 2004
AGENCY CONTACT PERSON: Maeghan Maloney
AGENCY NAME: Office of the Attorney General
ADDRESS: 6 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 626-8800


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services, Division of Finance and Reimbursement Services
CHAPTER NUMBER AND TITLE: Ch. 503, Maine Certificate of Need Procedures Manual for Health Care Facilities (other than Nursing Facilities)
ADOPTED RULE NUMBER: 2004-586
CONCISE SUMMARY: The adopted rule incorporates recent statutory changes to include the State Health Plan and Capital Investment Fund. This manual replaces the old manual.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: December 22, 2004
AGENCY CONTACT PERSON: Steven Keaten, Health Planner
AGENCY NAME: Division of Finance and Reimbursement Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-1836
FAX: (207) 287-1832
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: Ch. II & III Section 96, Private Duty Nursing & Personal Care Services
ADOPTED RULE NUMBER: 2004-587
CONCISE SUMMARY: PL 2003 Ch. 673, Sec. MMM provides for limiting benefits and reducing rates of reimbursement for Private Duty Nursing Services to achieve savings for the General Fund for SFY 05. Ch. III adopts new procedure codes and restructured reimbursement rates, as well as reduced rates for most services. Changes adopted in Ch. II include: reduced hourly caps for IADL services; "special circumstances nursing" that will allow a relative, under certain conditions, to be paid for providing nursing services to a family member; new requirements are adopted for billing nursing services when delivered to multiple patients during the same visit to the same location; a new "family provider option" will allow a member (or a family member) to manage his or her own personal care services; new requirements for criminal background checks; and a new Level VIII covers nursing services only for members who already receive personal care services under other Sections of the MaineCare Benefits Manual. Appendix # 2 specifies the financial cap for each level of care.
See www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2005
AGENCY CONTACT PERSON: Julie Tosswill
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9360
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: Final rule, Ch. 101, MaineCare Benefits Manual: Ch. II & III Section 109, Speech and Hearing Services
ADOPTED RULE NUMBER: 2004-588
CONCISE SUMMARY: This rule sets a rehabilitation potential prerequisite for adults to receive speech therapy services. Additionally it combines three separate rules into one rule that covers all clinical speech and hearing services.
Rules and related documents may be reviewed and printed from the Bureau of Medical Services website at www.maine.gov/bms/MaineCareBenefitManualRules.htm or, for a fee, interested parties may request a paper copy of rules by calling Lucille Weeks at (207) 287-9368.
EFFECTIVE DATE: January 1, 2005
AGENCY CONTACT PERSON: Robert E. Gross
AGENCY NAME: Bureau of Medical Services, Division of Policy and Provider Services, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9366
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


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