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Weekly Rulemaking Notices Contact Us Find It

February 2, 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: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Ch. 102, Open Burning
PROPOSED RULE NUMBER: 2005-P20
CONCISE SUMMARY: The Department of Environmental Protection proposes to adopt amendments to the open burning regulation. The proposed amendments will incorporate statutory changes enacted by the Maine State Legislature in 2003. This amendment affects section 2(A)(5) of Ch. 102, altering the language from "Out-of-door burning of wood wastes ... and painted and unpainted wood and demolition debris..." to "Out-of-door burning of wood wastes ... and painted and unpainted wood from demolition debris..." [emphasis added]. In addition the amendments add of a note after Section 2(A)(12) referencing the reasonable precautions required by 38 MRSA §1296 to prevent the introduction of lead into the environment from leadbased paint.
Copies of this rule are available upon request by contacting the Agency contact person listed below. Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, and be provided an opportunity for comment. Any party interested in providing public comment can provide written comments before the end of the comment period. All comments should be sent to the Agency Contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §585-A
DEADLINE FOR COMMENTS: March 4, 2005
AGENCY CONTACT PERSON: Andrea Lani
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437


AGENCY: 02-313 - Board of Dental Examiners
RULE TITLE OR SUBJECT: Ch. 1, Rules Relating to Dental Hygienists (republication for Ch. 1 only; formerly published on November 17, 2004 as part of a group of chapters under 2004-P317)
PROPOSED RULE NUMBER: 2005-P21
CONCISE SUMMARY: This is an amendment to expand the scope of practice of dental hygienists, to delete the requirement of a log of local anesthetic injections for renewal of local anesthesia permit, to clearly identify duties dental hygienists are allowed to perform under Public Health Supervision status, and to simplify the process by which dental hygienists obtain "Public Health Supervision" status by requiring written notification to the Board rather than written application to the Board.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§ 1073.2, 1095
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: March 4, 2005
AGENCY CONTACT PERSON: Anita C. Merrow
AGENCY NAME: Board of Dental Examiners
ADDRESS: 143 State House Station, Augusta, ME 04333-0143
TELEPHONE: (207) 287-3333


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #03-05
PROPOSED RULE NUM13ER: 2005-P22
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, February 18, 2005, Room 233, Department of Agriculture - Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: February 18, 2005
NAME: Stanley K. Millay, Executive Director
ADDRESS: 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
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. II Section 80, Pharmacy Services
PROPOSED RULE NUNMER: 2005-P23
CONCISE SUMMARY: The Department proposes to no longer cover early refills for lost, stolen, or destroyed drugs. The proposed rules clarify that since A-rated generic drugs are both chemically and therapeutically equivalent, only the most cost-effective version, whether generic or brandname, is covered. The proposed rules will clarify exemptions for prior authorization requirements. The proposed rule will tighten criteria that pharmacies must meet to fill prescriptions through over-rides. The proposed rules add a description of the Drug Utilization Review (DUR) Committee.
The proposed rule will also revise the rural pharmacy incentive payment to allow some pharmacies not located in rural areas, but serving large numbers of MaineCare members residing in rural areas, to obtain the incentive payment. Under this rule as proposed, the Department may issue a contract for the provision of generic drugs and require pharmacy providers to obtain such drugs from the supplier under contract with the Department. The proposed rule changes will add a description of telepharmacy, an alternative method of delivering drugs dispensed by pharmacies to members at remote locations. In addition, other minor technical changes are proposed.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALIMS.
STATUTORY AUTHORITY: 22 MRSA §42, §3173, PL 2003 ch. 679 §FFF-3
PUBLIC HEARING:
Date: Wednesday, February 23, 2005, 1:00 p.m.
Location: Conference Room, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME 04333-0011. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before February 16, 2005.
DEADLINE FOR COMMENTS: Comments must be received by midnight March 6, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9362
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 2, Aquaculture Lease Regulations
ADOPTED RULE NUMBER: 2005-39
CONCISE SUMMARY: The Department of Marine Resources adopts amendments to Chapter 2, Aquaculture Lease Regulations, for compliance and consistency with recommendations by the Governor’s Task Force on the Planning and Development of Marine Aquaculture in Maine and with legislative changes, which became effective July 30, 2004 and September 13, 2003. The amendments add a definition and rules for fallowing of lease sites; increase acreages from 250 to 300 acres, and allowing up to 500 acres when fallowing exceptions are applied; update preapplication and scoping session requirements; require at least one corner coordinate in new applications; add additional habitat, government and conserved lands descriptions to decision criteria; require notices to harbormasters / town officials when lease conditions requested by them are not incorporated into lease decisions; add references to the recently updated shellfish sanitation rules for compliance with the federal rules; and allow new experimental lease holders to opt to have their lease term begin on any date within 12 months of the decision date. The amendments also include renumbering, grammar and punctuation corrections.
EFFECTIVE DATE: May 1, 2005
CHAPTER NUMBER AND TITLE: Ch. 45.05(1)(A)(2), Shrimp Season 2004 – 2005
ADOPTED RULE NUMBER: 2005-40
CONCISE SUMMARY: These adopted regulations establish through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing the 2004 – 2005 Northern Shrimp season. The season shall take place from December 19 - 23 and December 26 - 30, 2004 (Sundays – Thursdays); and January 3, 2005 through March 25, 2005 (Mondays – Fridays only). The season for the harvest of shrimp by trawl and by trap shall be the same dates.
EFFECTIVE DATE: January 25, 2005
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9584
FAX: (207) 633-9579
TTY: 287-4474 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 301, Food Stamp Certification Manual - Income and Resource Exclusions, Confidentiality, Job Quit Provisions
ADOPTED RULE NUMBER: 2005-41
CONCISE SUMMARY: This policy allows the Department of Health and Human Services' Food Stamp program to exclude some income and assets that the Temporary Assistance for Needy Families (TANF) and MaineCare programs do. Federal regulations now allow the Department to make some income and asset exclusions the same for all three programs. This will result in more eligible households for Food Stamps. The new policy clarifies the release of confidential information to law enforcement under certain limited circumstances involving fleeing felons. There is also a clarification concerning job quit disqualifications.
EFFECTIVE DATE: January 29, 2005
AGENCY CONTACT PERSON: Richard Morrow, Food Stamp 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) 287-5093
TTY: (207) 287-6948


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual - SSI COLA Increase – 2005 – Rev. 220A
ADOPTED RULE NUMBER: 2005-42
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.
EFFECTIVE DATE: January 29, 2005
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: 02-031 – Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 940, Requirements for Health Insurance Rate Filings and Data Reporting
ADOPTED RULE NUMBER: 2005-43
CONCISE SUMMARY: The purpose of the amendment is to permit certain blocks of small group policies, such as those issued through the Dirigo health plan, to be treated separately from a carrier's other small group business for purposes of determining refunds under the guaranteed loss ratio option.
EFFECTIVE DATE: January 30, 2005
AGENCY CONTACT PERSON: Richard Diamond
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta, ME 04333
Phone: (207) 624-8428


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #02-05
ADOPTED RULE NUMBER: 2005-44
CONCISE SUMMARY: Minimum February, 2005 Class I price is $17.04 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 $18.88. Class II minimums set at $14.13 for December, 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: February 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: 09-137 - Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.04, Moose Hunting
ADOPTED RULE NUMBER: 2005-45
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule adding Wildlife Management District 4 to the September moose hunting season as follows: In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will open on Monday following the close of the bear baiting season and remain open for 6 days. In addition, in WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 28 and 29 the season begins on the second Monday of October and remains open for 6 days.
EFFECTIVE DATE: February 1, 2005
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


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