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Weekly Rulemaking Notices Contact Us Find It

January 26, 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: 02-041 - Department of Professional & Financial Regulation, Office of Licensing & Registration - Charitable Solicitations Program
RULE TITLE OR SUBJECT:
Ch. 1, Registration Applications and Financial Statements (renamed and amended)
Ch. 2, Annual Fundraising Activity Reports (new)
Ch. 3, Enforcement and Disciplinary Procedures (new)
PROPOSED RULE NUMBER: 2005-P8 through 2005-P10
CONCISE SUMMARY: These proposed rules will provide for the administration and enforcement of the Charitable Solicitations Act, 9 MRSA §5001 et seq., and implement the changes made to the Act by PL 2004, c. 541. The proposed rules: (a) Clarify the application, renewal and financial reporting requirements for charitable organizations, professional solicitors, professional fund-raising counsel, and commercial co-venturers; (b) Set forth the appropriate methodology for calculating dollar amounts and percentages on the annual fundraising activity reports filed by registrants; (c) Establish an applicant's or registrant's time to request an adjudicatory hearing from a denial or refusal to renew a registration; and (d) Establish the Administrative Complaint Procedure of the Department of Professional and Financial Regulation, Office of Licensing and Registration as the procedure for investigating complaints against registrants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 9 MRSA §§ 5005B(l), 5008(3A) and 5018
PUBLIC HEARING: Tuesday, February 15, 2005, 9 a.m., Kennebec Room, Department of Professional & Financial Regulation, 122 Northern Ave., Gardiner, ME 04345
DEADLINE FOR WRITTEN COMMENTS: Friday, February 25, 2005
AGENCY CONTACT PERSON:
NAME: Elaine Thibodeau, Program Administrator
ADDRESS: Department of Professional and Financial Regulation, Office of Licensing and Registration, #35 State House Station, Augusta, Maine 04333
PHONE NUMBER: (207) 624-8617


AGENCY: 18-554 - Department of Administrative & Financial Services, Bureau of General Services
RULE TITLE OR SUBJECT: Amendment of Ch. 60, Improvement of Energy Efficiency in State-funded Construction
PROPOSED RULE NUMBER: 2005-P11
CONCISE SUMMARY: The amendment provides clarification about the projects to which the Rule is applicable.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: The rule is being promulgated pursuant to 5 MRSA §1764A
PUBLIC HEARING: None.
DEADLINE FOR COMMENTS: Wednesday, 2 March, 2005 by 5 p.m.
AGENCY CONTACT PERSON: Elaine Clark, Director, Bureau of General Services
AGENCY NAME: Department of Administrative & Financial Services, Bureau of General Services
ADDRESS: 77 State House Station, Augusta, Maine 04333-077
TELEPHONE: (207) 624-7360


AGENCY: 94-348 - Maine Human Rights Commission
RULE TITLE OR SUBJECT: Ch. 3, Employment Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2005-P12
CONCISE SUMMARY: The proposed change adds to the existing definition of disability, stating the Commission's 30 year position that mitigating measures are not to be considered when determining whether a disability exists.
RULE TITLE OR SUBJECT: Ch. 5, Public Accommodations Regulations Relating to Physical or Mental Disability Discrimination in Public Conveyances of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2005-P13
CONCISE SUMMARY: The proposed change adds to the existing definition of disability, stating the Commission's 30 year position that mitigating measures are not to be considered when determining whether a disability exists.
RULE TITLE OR SUBJECT: Ch. 7, Accessibility Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2005-P14
CONCISE SUMMARY: The proposed change adds to the existing definition of disability, stating the Commission’s 30 year position that mitigating measures are not to be considered when determining whether a disability exists.
RULE TITLE OR SUBJECT: Ch. 8, Housing Regulations of the Maine Human Rights Commission
PROPOSED RULE NUMBER: 2005-P15
CONCISE SUMMARY: The proposed change adds to the existing definition of disability, stating the Commission's 30 year position that mitigating measures are not to be considered when determining whether a disability exists.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA §4566(7)
PUBLIC HEARING: February 14, 2005, 9:00 a.m., Senator Inn & Conference Center, Embassy Room, 284 Western Ave., Augusta, ME
DEADLINE FOR COMMENTS: February 24, 2005
AGENCY CONTACT PERSON: John E. Carnes, Esq.
AGENCY NAME: Maine Human Rights Commission
ADDRESS: 51 State House Station, Augusta, ME 04333-0051
TELEPHONE: (207) 624-6050


AGENCY: 05-071 - Department of Education
RULE TITLE OR SUBJECT: Ch. 51, Child Nutrition Programs in Public Schools and Institutions
PROPOSED RULE NUMBER: 2005-P16
CONCISE SUMMARY: The Department of Education is proposing amendments to Ch. 51, Child Nutrition Programs in Public Schools and Institutions. This rule contains the requirements that supplement federal regulations pertaining to the National School Lunch Program, the After School Snack Program, the School Breakfast Program and the School Milk Program. Proposed amendments would prohibit the sale of foods and beverages of minimal nutritional value, as defined by federal regulation, at any time on school property of a school participating in any of the child nutrition programs. An amendment is proposed that would allow an exception to the above for school staff, the public at community events sponsored by the school, and in Stateapproved Career and Technical Education (CTE) Programs but only under policy established by the local school board or the CTE board. The rule would require that funds from the sale of food and beverages at any time on school property, must accrue to the benefit of the school's food service program unless an exception is provided under local school board or CTE board policy.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA §6602
PUBLIC HEARING: Friday, February 18, 2005, 3:004:30 p.m., Burton M. Cross State Office Building, ATM Room 103 and Three Remote ATM Sites: Presque Isle High School, Ellsworth High School and Gorham High School
DEADLINE FOR COMMENTS: March 1, 2005
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6845


AGENCY: 02-031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 750, Standardized Health Plans
PROPOSED RULE NUMBER: 2005-P17
CONCISE SUMMARY: In order to start a health savings account (HSA), federal law requires an individual to be enrolled in a high deductible health plan as defined at section 223 of the Internal Revenue Code. The proposed 2005 amendments to Insurance Rule Ch. 750 are designed to permit HMOs to offer high deductible health plans that are compatible with HSAs. The amendments to the Product Design Guidelines in Part II of the Rule would make the maximum HMO deductibles and maximum HMO outofpocket limits inapplicable to HMO plans that otherwise qualify as high deductible health plans under federal law. The proposed amendments also amend the Standardized Health Plan provisions in Part I of the Rule to omit references to small group health plans and MEWAs. By statute, carriers in the small group market are no longer required to offer standardized plans.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 24 MRSA Ch. 19, 24-A MRSA §§ 212, 2736-C(6)(F), 2736-C(8), 4204(2-A),and 4222-B
PUBLIC HEARING: 1:00 p.m., February 16, 2005, Kennebec Room, Maine Department of Professional and Financial Regulation Building, 124 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: February 28, 2005
AGENCY CONTACT PERSON: Lisa Lewis, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8417


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 601, The Maine State Grant Program (MSGP) - Amendment 9
PROPOSED RULE NUMBER: 2005-P18
CONCISE SUMMARY: The rule amendment clarifies definition of a resident of the State by: (a) clarifying that residence may not be established while attending an institution of higher education in the State, and (b) removes payment of instate tuition at public institutions of higher education as an indicia of residency in Maine. The rule amendment also clarifies that each participating institution of higher education should designate a single contact person, although more than one person may be responsible for financial aid at that school, and it further clarifies the number of grants an individual may receive.
STATUTORY AUTHORITY: 10 MRSA §969-A(14), 20A MRSA §11617(2)
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program – Amendment 7
PROPOSED RULE NUMBER: 2005-P19
CONCISE SUMMARY: The rule amendment creates new categories of NextGen scholarships.
STATUTORY AUTHORITY: 10 MRSA §969-A, 20-A MRSA §11485
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES OR COUNTIES.
PUBLIC HEARING: 10:00 a.m., February 17, 2005, Finance Authority of Maine, 5 Community Drive, Augusta, Maine 04330
DEADLINE FOR COMMENTS: Written comments are requested on or before February 17, 2005, but will be accepted on or before February 28, 2005. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

AGENCY: 03-201 - Department of Corrections
RULE TITLE OR SUBJECT: Ch. 10 Subsection 27.2, Policy and Procedures Manual  Supervised Community Confinement Program
ADOPTED RULE NUMBER: 2005-32
CONCISE SUMMARY: The Maine Department of Corrections is adopting a proposal to revise the existing policy, procedures, and rules governing the Supervised Community Confinement Program Policy pursuant to 34A MRSA, section 3036A to implement the changes to the Supervised Community Confinement Program that are necessary, due to overcrowding in the facilities, to avoid an immediate threat to the public health, safety or general welfare.
This rule, Ch. 10 Subsection 27.2, Policy and Procedures Manual - Supervised Community Confinement Program, repeals and replaces Ch. 10 Subsection 25.3.4, Policy and Procedures Manual - Supervised Community Confinement Program.
EFFECTIVE DATE: January 21, 2005
AGENCY NAME: Maine Department of Corrections
AGENCY CONTACT PERSON: Ellis King
ADDRESS: State House Station 111 Augusta, Maine 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool: Cost of Administration
ADOPTED RULE NUMBER: 2005-33
CONCISE SUMMARY: These amendments to the Maine Milk Pool Cost of Administration Rule, Ch. #61, were proposed to reflect the estimated administrative costs of operating the Pool for calendar year 2005.
EFFECTIVE DATE: January 24, 2005
AGENCY CONTACT PERSON:
NAME: Stanley Millay, Pool Administrator, 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. 101, MaineCare Benefits Manual: Ch. II & III Section 68, Occupational Therapy Services
ADOPTED RULE NUMBER: 2005-34
CONCISE SUMMARY: This rule establishes specific eligibility criteria for adults and limits the services they may receive. Eligibility for adults will be limited to those with rehabilitation potential and to treatment following certain hospital stays, after certain procedures, in cases of required extensive assistance in activities of daily living, and to one visit for other medically necessary treatment. Additional changes include revisions to billing procedure codes necessary to comply with HIPAA coding practice.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: February 1, 2005
AGENCY CONTACT PERSON: Kip Neale, 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) 287-9361
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: Ch. II & III Section 85, Physical Therapy Services
ADOPTED RULE NUMBER: 2005-35
CONCISE SUMMARY: This rule establishes specific eligibility criteria for adults and limits the services they may receive. Eligibility for adults will be limited to those with rehabilitation potential and to treatment following certain hospital stays, after certain procedures, in cases of required extensive assistance in activities of daily living, and to one visit for other medically necessary treatment. Additional changes include revisions to billing procedure codes necessary to comply with HIPAA coding practice.
See http://www.maine.gov/bms/MaineCareBeneritManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: February 1, 2005
AGENCY CONTACT PERSON: Kip Neale, 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) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 29-250 – Department of Secretary of State, Bureau of Motor Vehicles, Maine Motor Vehicle Franchise Board
CHAPTER NUMBER AND TITLE: Ch. 14, Rules of the Maine Motor Vehicle Franchise Board
ADOPTED RULE NUMBER: 2005-36
CONCISE SUMMARY: These rules establish procedures for the conduct of adjudicatory proceedings before the Maine Motor Vehicle Franchise Board. They should be read in conjunction with the statutory provisions of the Maine Motor Vehicle Franchise law, 10 MRSA Ch. 204.
EFFECTIVE DATE: February 23, 2005
AGENCY CONTACT PERSON: John McCurry
AGENCY NAME: Maine Motor Vehicle Franchise Board
ADDRESS: 101 Hospital Street, 29 State House Station, Augusta, Maine 04333-0029
TELEPHONE: (207) 624-9131


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