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Weekly Rulemaking Notices Contact Us Find It

March 30, 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: 03-201 - Maine Department of Corrections
CHAPTER NUMBER AND TITLE: Ch. 10 Subsection 2.12, Policy and Procedures Manual - Committed Offender Fund Accounts - Fiscal Management
PROPOSED RULE NUMBER: 2005-P78
CONCISE SUMMARY: The Maine Department of Corrections is proposing revisions to the existing policy, procedures, and rules governing the Committed Offender Fund Accounts - Fiscal Management Policy pursuant to 34-A MRSA, Section 3039.
The revisions are designed to state clearly what is expected of each business office and offenders regarding their money and accessing their funds. The policy also clarified indigent offenders and what they are entitled to from the canteen - hygiene items, personal mail, legal photocopies and legal mail. Guideline E states exactly what should happen in offender trust accounts which is the offenders' personal bank accounts and standardizes throughout the Department any charges being charged to an offender's bank account.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-A MRSA 3039
PUBLIC HEARING: No Public Hearing Scheduled
DEADLINE FOR COMMENTS: May 2, 2005
AGENCY CONTACT PERSON: Ellis King
AGENCY NAME: Department of Corrections
ADDRESS: State House Station 111, Augusta, ME 04333-0111
TELEPHONE: (207) 287-4342


AGENCY: 95-629 - Dirigo Health Agency
RULE TITLE: Ch. (New), Dirigo Health Agency Manual
SUBJECT: Dirigo Health Plan
PROPOSED RULE NUMBER: 2005-P79
CONCISE SUMMARY: These rules, adopted pursuant to the Dirigo Health Act, establish criteria for receiving services under DirigoChoice. These rules also establish eligibility criteria for the financial discount program provided by Dirigo Health Agency, and describe the complaint process in place for appealing decisions made concerning financial discounts.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Public Laws 2003, Ch. 469, H.P. 1187 - L.D. 1611, An Act To Provide Affordable Health Insurance to Small Businesses and Individuals and To Control Health Care Costs
PUBLIC HEARING: April 20, 2005 at 9:00 a.m. in the Dirigo Health Agency Conference Room A, located at 211 Water St., Augusta, ME
DEADLINE FOR COMMENTS: May 2, 2005
AGENCY CONTACT PERSON: Karynlee Harrington, Executive Director
AGENCY NAME: Dirigo Health Agency
ADDRESS: 53 State House Station, 211 Water Street, Augusta, Maine 04333-0053
TELEPHONE: (207) 287-9900
FAX: (207) 287-9922


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 241, Subsurface Wastewater Disposal Rules
PROPOSED RULE NUMBER: 2005-P80
CONCISE SUMMARY: Minor revisions are proposed to incorporate current Department Policy and to clarify the intent of Sections which are unclear.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 30-A 4211
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: April 29, 2005
AGENCY CONTACT PERSON:
NAME: Russell G. Martin, PE, Director, Wastewater & Plumbing Program
ADDRESS: Division of Health Engineering, 11 State House Station, Augusta, ME 04333
PHONE: (207) 287-4735
TTY: (207) 287-2070
FAX: (207) 287-3165


AGENCY: 10-144 - Department of Health & Human Services, Bureau of Health, Division of Health Engineering
RULE TITLE OR SUBJECT: Ch. 243, Minimum Lot Size Rules
PROPOSED RULE NUMBER: 2005-P81
CONCISE SUMMARY: Minor revisions are proposed to conform to recent statutory changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 12 4807-B
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: April 29, 2005
AGENCY CONTACT PERSON:
NAME: Russell G. Martin, PE, Director, Wastewater & Plumbing Program
ADDRESS: Division of Health Engineering, 11 State House Station, Augusta, ME 04333
PHONE: (207) 287-4735
TTY: (207) 287-2070
FAX: (207) 287-3165


AGENCY: 14-118 - Department of Health and Human Services, Office of Substance Abuse
RULE TITLE OR SUBJECT: Ch. 4A, Regulations for Licensing of Private Non-Medical Institutions Providing Residential Substance Abuse Treatment
PROPOSED RULE NUMBER: 2005-P82
CONCISE SUMMARY: These rules impose separate licensing standards for substance abuse treatment facilities that operate as Private Non-Medical Institutions and bill under section 97 of the MaineCare Benefits Manual. The effect of the rule is to identify which substance abuse treatment facilities are PNMIs and thus subject to taxation under PL 2003 c. 673, parts V-1, V-2, V-3 and V-6. The rules also provide new guidelines for Adolescent Residential Rehabilitation services and outline requirements for PNMI facilities to coordinate services with other social services to address the full range of client needs.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 20005; PL 2003 c. 673, parts V-1, V-2, V-3 and V-6
PUBLIC HEARING: April 21, 2005, 1-4 p.m., Marquardt Building, 3rd Floor, OSA Conf. Room, 32 Blossom Lane, Augusta, Maine
DEADLINE FOR COMMENTS: May 2, 2005.
AGENCY CONTACT PERSON: Larry Tyler
AGENCY NAME: Department of Health and Human Services
ADDRESS: 11 State House Station, Marquardt Building, 3rd Floor, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-2297


AGENCY: 14-193 - Department of Health and Human Services, Adult Mental Health Services
RULE TITLE OR SUBJECT: Ch. 6, Mental Health Licensing Regulations: PNMI
PROPOSED RULE NUMBER: 2005-P83
CONCISE SUMMARY: These rules impose separate licensing standards for mental health facilities that operate as Private Non-Medical Institutions and bill under section 97 of the MaineCare Benefits Manual. The effect of the rule is to identify which mental health facilities are PNMIs and thus subject to taxation under PL 2003 c. 673, parts V-1, V-2, V-3 and V-6
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 34-B MRSA 1203-A; PL 2003 c. 673, parts V-1, V-2, V-3 and V-6
PUBLIC HEARING: April 21, 2005, 1-4 p.m., Marquardt Building, OSA Conf. Room, 3rd Floor, 32 Blossom Lane, Augusta, Maine
DEADLINE FOR COMMENTS: May 2, 2005
AGENCY CONTACT PERSON: Larry Tyler
AGENCY NAME: Department of Health and Human Services
ADDRESS: 11 State House Station, Marquardt 3rd Floor, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-2297


AGENCY: 15-213 - Department of Defense, Veterans and Emergency Management, Military Bureau
RULE TITLE OR SUBJECT: Ch. (New), Maine Military Family Relief Fund
PROPOSED RULE NUMBER: 2005-P84
CONCISE SUMMARY: These rules explain who is qualified to receive assistance from the Maine Military Family Relief Fund, how to apply for such assistance, the criteria used to determine whether to provide assistance, who has the authority to decide whether to provide assistance and for how much and describes an appeals process.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: PL 2003 c. 703
PUBLIC HEARING: None Scheduled
DEADLINE FOR COMMENTS: 29 April 2005
AGENCY CONTACT PERSON: Colonel Peter Golding
AGENCY NAME: Department of Defense, Veterans and Emergency Management
ADDRESS: State House Station 33, Camp Keyes, Augusta, ME 04333
TELEPHONE: (207) 626-4328


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 150, Free Care Guidelines
PROPOSED RULE NUMBER: 2005-P85
CONCISE SUMMARY: These proposed rules update poverty guidelines to 2005 dollar amounts.
See http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING: No hearing has been scheduled.
DEADLINE FOR COMMENTS: April 29, 2005
AGENCY CONTACT PERSON: Greg Nadeau, Comprehensive Health Planner
AGENCY NAME: Bureau of Medical Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9367
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT:
Ch. 332, MaineCare Eligibility Manual - 2005 Federal Poverty Levels
Ch. 333, Low Cost Drug - 2005 Federal Poverty Levels
Ch. 334, Maine Rx Plus - 2005 Federal Poverty Levels
PROPOSED RULE NUMBER: 2005-P86 through P88
CONCISE SUMMARY: This rule puts into effect the 2005 Federal Poverty Level (FPL) guidelines established by the federal government. The FPL's are updated each year by the Federal Department of Health and Human Services. The FPL serves as the income limit for various MaineCare covered groups including children and their parents, elderly and disabled individuals and pregnant women.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, 2681, 254
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: April 29, 2005
AGENCY CONTACT PERSON: Robert Thibodeau, MaineCare Program Manager
AGENCY NAME: Department of Health and Human Services
ADDRESS: Bureau of Family Independence, 11 State House Station, 268 Whitten Road, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5054
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #04-05
ADOPTED RULE NUMBER: 2005-98
CONCISE SUMMARY: Minimum April, 2005 Class I price is $17.38 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 $19.22. Class II minimums set at $13.51 for February, 2005 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: April 1, 2005
AGENCY CONTACT PERSON: Stanley K. Millay
AGENCY NAME: Maine Milk Commission
ADDRESS: 28 State House Station, Augusta ME 04333
TELEPHONE: (207) 287-3741


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