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Weekly Rulemaking Notices Contact Us Find It

January 12, 2005
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: 12-170 - Department of Labor, Bureau of Labor Standards
RULE TITLE OR SUBJECT: Ch. 16, Rules Governing Definitions for Executive, Administrative, and Professional Exemptions from Minimum Wage and Overtime
PROPOSED RULE NUMBER: 2005-P1
CONCISE SUMMARY: The purpose of this Ch. is to define the "executive", "administrative" and "professional" minimum wage and overtime exemptions allowed for individuals who are paid on a salary basis pursuant to 26 MRSA 663(K).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 26 MRSA 663(K)
PUBLIC HEARING): None Scheduled.
DEADLINE FOR COMMENTS: February 11, 2005
AGENCY CONTACT PERSON: William A. Peabody, Director
AGENCY NAME: Bureau of Labor Standards
ADDRESS: 45 State House Station, Augusta, ME 04333-0045
TELEPHONE: (207) 624-6406


AGENCY: 26-239 - Office of the Attorney General
RULE TITLE OR SUBJECT: Ch. 104, Motor Vehicle Advertising
PROPOSED RULE NUMBER: 2004-P320 (republication)
CONCISE SUMMARY: These proposed Rules prohibit advertising practices by new and used motor vehicle dealers that are unfair and deceptive, and which can be in violation of the Maine Unfair Trade Practices Act, 5 MRSA 207.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 207(2)
PUBLIC HEARING: February 2, 2005, 9:00 a.m., Burton M. Cross State Office Building, Room 600, 111 Sewall Street, Augusta, ME 04333.
DEADLINE FOR COMMENTS: February 12, 2005
AGENCY CONTACT PERSON: James A. McKenna, Assistant Attorney General
AGENCY NAME: Office of the Attorney General
ADDRESS: 6 State House Station, Augusta, ME 04333-0006
E-MAIL: Jim.mckenna@maine.gov
TELEPHONE: (207) 626-8842


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II & 111 Section 27, Early Intervention Services
PROPOSED RULE NUMBER: 2005-P2
CONCISE SUMMARY: The proposed rule in Ch. II seeks to further clarify Early Intervention Services reimbursed by MaineCare. Group developmental therapy and co-therapy are more clearly defined, as are inclusive (mainstream) and special purpose services. Language has been included to bring the rule in line with PL 2003, C. 676. It will enable children to continue services if turning age five between September 1st and October 15th of each school year when their parents wish to delay kindergarten enrollment. The proposed rule includes language allowing an itinerant developmental therapist with special education certification to provide developmental therapy to up to four members in a community based setting, or a developmental therapist to provide one-on-one instruction to a member in a community based setting. The proposed rule includes a new, tiered system for developmental services provided in Special Purpose settings. There is a fixed fee associated with the rate for each tier. These changes will make criteria and reimbursement for service provision more consistent across providers. The section of the rule incorporating eligibility for Child Development Services for certain six-year olds as mandated by PL 2003, C. 676, Sec. 8, is proposed to be retroactive to August 6, 2004. Ch. III includes new codes for developmental therapy that coincide with services outlined in Ch. II. Updated language concerning MaineCare terminology has been included throughout the proposed rule.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
ESTIMATE OF ANY EXPECTED INCREASE OR DECREASE IN ANNUAL AGGREGATE EXPENDITURES: One hundred and twenty thousand dollars is the estimated combined state and federal annualized expenditure reduction related to standardized rates.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, PL 2003, C. 676
PUBLIC HEARING:
Date: February 1, 2005 at 1:00 p.m.
Location: Conference Room #1A and B, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before January 26, 2005
DEADLINE FOR COMMENTS: Comments must be received by midnight February 11, 2005.
AGENCY CONTACT PERSON: Robert E. Gross, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9366
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
A copy of the proposed changes and other materials related to this change, including written comments, can be viewed at any department of human services regional office.


AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 245, Uniform Reporting System for Non-Hospital Ambulatory Service Data Sets
PROPOSED RULE NUMBER: 2005-P3
CONCISE SUMMARY: This rule contains provisions for the filing of ambulatory data sets for patients serviced by non-hospital providers and specifies compliance provisions. The MHDO is proposing to repeal the rule in its entirety because similar data are now being collected through the newly established health care claims database.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 1683, 8704, sub-4 and 8708
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: February 11, 2005
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


ADOPTIONS

AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Home Mortgage Program Rule
ADOPTED RULE NUMBER: 2004-601
CONCISE SUMMARY: The Maine State Housing Authority is authorized to use revenues from the sale of tax-exempt bonds and other housing monies to reduce interest rates and other costs associated with the purchase of a home by low and moderate income households. This rule sets forth the basic criteria for determining eligible borrowers and the terms governing the Maine State Housing Authority's purchase and servicing of loans to eligible borrowers generated by participating lenders. 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.
EFFECTIVE DATE: January 2, 2005
AGENCY CONTACT PERSON: Linda Sears Uhl, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE: Amendment to Ch. 10, Definitions and Terms
ADOPTED RULE NUMBER: 2004-602
CONCISE SUMMARY: The Board adopted this housekeeping amendment to make several needed updates identified at a May Planning Session. These changes (1) incorporate a February 21, 2003 Policy clarifying whether a private or commercial applicator's license is needed when crops are grown on rented property, (2) clarify it is illegal for any person to offer free samples of unregistered pesticides, (3) clarify that medical and school staff do not need to be licensed to apply insect repellants to children and patients who are unable to do it for themselves, and (4) add definitions for pesticide and several other terms needed to maintain EPA approval of Maine's Pesticide Applicator Certification Plan.
CHAPTER NUMBER AND TITLE: Amendment to Ch. 22, Standards for Outdoor Application by Powered Equipment
ADOPTED RULE NUMBER: 2004-603
CONCISE SUMMARY: The Board adopted this housekeeping amendment to correct a problem that was identified at a May Planning Session. This revision deletes the reference to an obsolete organic tolerance in state law and replaces it with the current United States Department of Agriculture standard.
CHAPTER NUMBER AND TITLE: Amendment to Ch. 24, Pesticide Storage Facility Standards/Pesticide Distributors
ADOPTED RULE NUMBER: 2004-604
CONCISE SUMMARY: The Board adopted this housekeeping amendment to make several needed updates identified at a May Planning Session. These changes (1) incorporate a May 4, 2001 policy prohibiting the storage of pesticides above food or animal feed, (2) incorporate a November 21, 2003 Policy on the format of the signs and their placement in the self-service display area with an exception for products exempted by statute and (3) clarify the operation of the standard door and its panic hardware for both partitioned and non partitioned areas. The amendment also addresses the situation where there is an interior partitioned room but does not require that the door open to the outdoors because the partitioned area may not be on an outside wall.
CHAPTER NUMBER AND TITLE: Amendment to Ch. 32, Certification and Licensing Provisions/Private Applicators
ADOPTED RULE NUMBER: 2004-605
CONCISE SUMMARY: The Board adopted this housekeeping amendment to correct a problem that was identified at a May Planning Session. This revision incorporates a longstanding policy that a private applicator who has accumulated sufficient recertification credits must renew his/her license within one year of the expiration date.
CHAPTER NUMBER AND TITLE: Amendment to Ch. 50, Record Keeping & Reporting Requirements
ADOPTED RULE NUMBER: 2004-606
CONCISE SUMMARY: The Board adopted this housekeeping amendment to make needed updates identified at a May Planning Session. The first revision incorporated a June 13, 2003 Policy clarifying that applicators must keep their records current by recording all the required information on the same day the application is performed. The second change clarified that the records must be maintained at the primary place of business.
EFFECTIVE DATE: January 4, 2005
AGENCY CONTACT PERSON: Robert I. Batteese, Jr.
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: (207) 287-2731


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #01/05
ADOPTED RULE NUMBER: 2004-607
CONCISE SUMMARY: Minimum January, 2005 Class I price is $19.90 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 $21.74. Class II minimums set at $14.24 for November, 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: January 1, 2005
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building - Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 119
ADOPTED RULE NUMBER: 2005-2
CONCISE SUMMARY: The final regulatory changes to the Regulations Governing the Licensing and Functioning of Home Health Care Services in the State of Maine are as follows:
* Ch. 3.B.6. changes the basis for compliance by monitoring by the Department from annual to biennial as required by statute.
Ch. 3.B.7. changes the frequency of licensing surveys from annual to biennial consistent with statute and lists the conditions when State licensure surveys must be performed annually. It also changes the word "inspection", and "inspect" to "licensing survey" and "survey," as appropriate.
* Ch. 6.C. requires the Home Health agency to obtain criminal history information prior to hiring a Certified Nursing Assistant or Home Health Aide and prohibits the employment of individuals who have been found by the State Survey Agency to have abused, neglected or have misappropriated the property of an individual, corporation or entity in a health care setting and have been annotated on the Maine Registry of Certified Nursing Assistants. In addition, the proposed changes prohibit the employment of individuals who have been convicted of a crime, which involved abuse, neglect or misappropriation of property of an individual, corporation or entity in a health care setting, and identifies the conditions, which prohibit the employment of individuals who have a prior criminal conviction within the last ten (10) years.
* Ch. 7.D.4. clarifies the language regarding the frequency and type of supervisory visits made by the Registered Professional Nurse for Home Health Aides and Certified Nursing Assistants.
Ch. 7.F.1 provides consistency with Federal regulations by permitting the use of a physician's rubber stamp signature for clinical record documentation and states the required conditions for use of the rubber stamp signature.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: January 1, 2005
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9300
TTY (207) 287-2312 (Deaf/Hard of Hearing)
FAX (207) 287-9304


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