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Weekly Rulemaking Notices Contact Us Find It

March 9, 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—288 - Board of Licensure of Architects, Landscape Architects and Interior Designers
RULE TITLE OR SUBJECT: Ch. 2, Rules for Architects, Landscape Architects and Interior Designers
PROPOSED RULE NUMBER: 2005—P58
CONCISE SUMMARY: The board proposed to amend Sections 3 and 7 of this chapter. The proposed rule repeals outdated examination provisions for architect, landscape architect and interior designer applicants. Repeal of these outdated provisions eliminates inconsistencies with standards set by the national testing organizations for, each license type. In particular, the amendment of Section 3(F) of this chapter will allow architect applicants five years to pass all sections of the examination, as opposed to the three—year limit presently imposed by that section.
In addition, the proposed rule repeals the fee schedule contained in this chapter. License fees are now established in Ch. 10 of the rules of the Office of Licensing and Registration.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §214(l)
PUBLIC HEARING: 9:00 a.m., March 29, 2005, Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: April 8, 2005
AGENCY CONTACT PERSON: Carol J. Leighton
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624—8520


AGENCY: 01—015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices — Order #04—05
PROPOSED RULE NUMBER: 2005—P59
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, March 18, 2005, Room 233, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: March 18, 2005
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building — Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287—3741


AGENCY: 02—031 – Department of Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Ch. 530, Provisional Medical or Disability Payments to Workers' Compensation Claimants (2004 — 2005 Amendments)
PROPOSED RULE NUMBER: 2005—P60
CONCISE SUMMARY: Purpose: To allow MaineCare and similar governmental programs the option to participate in the provisional payment system when a beneficiary suffers from a medical condition whose compensability under the Workers' Compensation Act is in dispute, and to clarify that all self—funded employee benefit plans have the option to participate.
The amendment renumbers former Subsection 5(E) as a separate Section 6 entitled "Optional Participation by Uninsured Health Plans" (and renumbers subsequent sections accordingly); adds language authorizing governmental benefit programs (including but not limited to MaineCare) and all self—insured employee benefit plans to elect to participate in the provisional payment system; and conditions an uninsured plan's right to participate on submission to the jurisdiction of the Superintendent for the limited purpose of resolving disputes and enforcing the plan's provisional payment obligation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 24—A MRSA §212 and 39—A MRSA §222(3).
PUBLIC HEARING: A public hearing is scheduled for March 30, 2005 at 2:00 p.m. in the Kennebec Room of the Department of Professional and Financial Regulation building, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: Written comments must be received no later than 04/09/05 at 5:00 p.m.
AGENCY CONTACT PERSON: Vanessa Leon, Maine Bureau of Insurance, 34 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624—8452


AGENCY: 02—514 — Board of Counseling Professionals Licensure
RULE TITLE OR SUBJECT: Ch. 1, Definitions; Ch. 2, Licensed Professional Counselors; Ch. 3, Licensed Clinical Professional Counselors; Ch. 4, Licensed Marriage and Family Therapists; Ch. 5, Licensed Pastoral Counselors; Ch. 6, Applications / Applicants Licensed in Another Jurisdiction
PROPOSED RULE NUMBER: 2005—P61 through P66
CONCISE SUMMARY The board proposes to repeal and replace Ch. 1 through 6 of current rules. The new chapters—
* Significantly revise the educational qualifications for licensure as a professional counselor ("LPC"), professional clinical counselor ("LCPC"), marital and family therapist ("LMFT), and pastoral counselor ("PC")
* Require a 48 credit hour Masters degree for licensure as a LCPC on a phase—in basis until January 1, 2009, fully effective January 2, 2009.
* Require a 60 credit hour Masters degree for licensure as a LCPC or LMFT on a two—step phase—in basis until January 1, 2011, fully effective January 2, 2011.
* Require applicants for licensure as a LCPC or PC to pass a second, clinical—level examination, effective with respect to applications for full licensure received after January 1, 2007
* Decrease the current internship requirement for PCs from 900 hours to 400 hours
* Decrease direct clinical contact hours for conditional LMFTs and PCs from 1500 hours to 1000 hours
* Clarify supervision requirements for all conditional level licensees
* Implement the provisions of PL 2003 c. 542 with respect to streamlined Maine licensure of counselors licensed in another jurisdiction.
The board specifically requests input on the definitions of "clinical counseling experience" and “counseling experience" in Ch. 1.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §§ 13853(2), 13853(11), 13858(8), 13861(l)(I), 13864
PUBLIC HEARING: March 28, 2005, 9:00 a.m., Department of Professional and Financial Regulation, 122 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: April 15, 2005
AGENCY CONTACT PERSON: Penny Vaillancourt, Board Administrator
AGENCY NAME: Office of Licensing and Administration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624—8420


AGENCY: 10—148 — Department of Human Services, Division of Licensing, Community Services Center
RULE TITLE OR SUBJECT: Ch. 18-A, Regulations Governing the Licensing and Functioning of Children's Residential Child Care Facilities—Private Non—Medical Institutions
PROPOSED RULE NUMBER: 2005—P67
CONCISE SUMMARY: Pursuant to 22 MRSA §7853, the Department of Human Services is promulgating proposed rules for Private Non—Medical Institutions. Private Non—Medical Institutions are a category of licensed Residential Child Care Facilities that receive Maine Care funding.
These rules cover: Residential Child Care Facilities—Private Non—Medical Institutions that provide board and care for one or more children on a regular 24—hour a day, residential basis. A residential child care facility does not mean family foster home, specialized children's home or an emergency shelter facility.
These rules cover such areas as: definitions, waivers; requirements for licensure; organization, administrative policies, program and services; personnel policies, admission and discharge policies and environment and safety. The rules also cover the application process, terms and types of licenses and special module rules.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY:
22 MRSA §8101 et seq.
5 MRSA §8001 et seq.
22 MRSA §8104
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: April 8, 2005
AGENCY CONTACT PERSON: Conrad R. Thibault, Director
AGENCY NAME: Division of Licensing, Community Services Center
ADDRESS: Station House Station #11, Augusta, Maine 04333
TELEPHONE: (207) 287—5060
TTY: (207) 287—5048
E—MAIL: conrad.thibault@maine.gov


AGENCY: 10-148 - Department of Health and Human Services, Community Services Center
RULE TITLE OR SUBJECT: Ch. 19-A, Rules for the Licensing of Private Non—Medical Institutions—Child Placing Agencies with and without Adoption Programs
PROPOSED RULE NUMBER: 2005—P68
CONCISE SUMMARY: The proposed rules establish standards for the safe operation of Private Non—Medical Institutions—Child Placing Agencies with and without Adoption Programs. This includes rules regarding licensing requirements and procedures, record keeping, staffing requirements, staff training, requirements for adoptive applicants, services for pre—adoptive children and parents, environmental safety and home certification process for the purpose of legal risk adoption.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 5, Ch. 375, §§ 8001 et seq., Title 22, Ch. 1671, §§ 8201 et seq.
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: April 8, 2005
AGENCY CONTACT PERSON: Conrad R. Thibault, Director
AGENCY NAME: Division of Licensing, Community Services Center
ADDRESS: Station House Station #11, Augusta, Maine 04333
TELEPHONE: (207) 287—5060
TTY: (207) 287—5048
E—MAIL: conrad.thibault@maine.gov


ADOPTIONS

AGENCY: 06—096 — Board of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 1294, Amendment to State—imposed Shoreland Zoning Map for the Town of Farmingdale
ADOPTED RULE NUMBER: 2005—80
CONCISE SUMMARY: This rule amends the official shoreland zoning map for the town of Farmingdale. The Department of Environmental Protection has amended the zoning map by changing the districting from the Limited Residential District to the Limited Commercial District along Route 201 from the Gardiner city line to where that road exits the shoreland zone. The amendment also creates a Limited Commercial District within 250 feet of Route 201 along the stream at the northern end of town.
The Department has also created a General Development District at the site of Ferraiolo Construction where an industrial activity has existed for a substantial period of time.
EFFECTIVE DATE: March 2, 2005
AGENCY CONTACT PERSON: Richard P. Baker
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333
TELEPHONE: (207) 287—7730


AGENCY: 10—144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II and III Section 21, Home and Community Benefits for Members with Mental Retardation
ADOPTED RULE NUMBER: 2005—83
CONCISE SUMMARY: The adopted rules add a priority system for screening new admissions to this benefit, clarify the limits of covered services so that they are more consistent with underlying federal standards, allow for flexibility in the location of day habilitation services depending on the member's health and ability to travel to day habilitation sites, clarify how the cost of transportation to habilitation services is to be paid, add standards for leaves of absences and involuntary benefit terminations, streamline the eligibility procedure for this benefit, add therapies, add record—keeping requirements for providers of certain in—home services, make other minor wording changes, and reformat this rule. Revisions to Ch. III of this rule update the fee schedule and allow the billing codes to be converted to HIPAA—compliant codes.
See http://www.maine.gov/bms/MaineCareBenefitManualRules.htm for rules and related rulemaking documents.
EFFECTIVE DATE: March 11, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy and Provider 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/Hard of Hearing)


AGENCY: 10—144 —Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual — Rev. 221E — Stopping Enrollment in the Non—Categorical MaineCare Coverage Group and Establishing a Waiting List
ADOPTED RULE NUMBER: 2005—84
CONCISE SUMMARY: Effective March 1, 2005, no person applying for MaineCare will be enrolled under the Non—Categorical coverage group. Instead, applicants found eligible for this coverage group will be placed on a waiting list.
EFFECTIVE DATE: March 1, 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, 268 Whitten Road, Augusta ME 04333—0011
TELEPHONE: (207) 287—5088
TTY: (207) 287—6948


AGENCY: 09—137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 1 — 1.01, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 2005—85
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to open water fishing. This body of rules is printed in its entirety in the 2005 Open Water Fishing Regulations Booklet available from the Department as well as license agents.
EFFECTIVE DATE: April 1, 2005
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 41 State House Station, Augusta, ME 04333—0041


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