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Weekly Rulemaking Notices Contact Us Find It

May 25, 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: 05-071 - Department of Education, State Board of Education
RULE TITLE OR SUBJECT: Ch. 13, Qualifying Examinations for Teachers and Administrators
PROPOSED RULE NUMBER: 2005-P114
CONCISE SUMMARY: Ch. 13, Qualifying Examinations for Teachers and Administrators, is amended to include content knowledge and teaching skills examinations, (Praxis II), as new requirements for candidates seeking initial certification for teacher or educational specialist. These content knowledge and teaching skills examinations and the passing scores for each are incorporated into this rule. The current qualifying examination requirement has been adjusted to allow for a composite passing score for this examination (Praxis I), which is a three section examination with a discrete passing score for each section of the examination. The rule is further amended to include a waiver of the Praxis I and Praxis II examinations for the Native Language Teacher endorsement.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 13031-13038 and 13035-A
PUBLIC HEARING: June 13, 2005, 3:00 - 4:00 p.m., Cross State Office Building, ATM Room 103 and at the following remote ATM sites: Greely High School, Calais High School, and Ashland High School.
DEADLINE FOR COMMENTS: June 24, 2005
AGENCY CONTACT PERSON: Judith Malcolm
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6842


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 104, Secondary Market Taxable Bond Program - Repeal of Rule
PROPOSED RULE NUMBER: 2005-P115
CONCISE SUMMARY: Full repeal of rule in connection with provisions being added to other Authority Rules to govern loans or bonds formerly covered by this rule.
STATUTORY AUTHORITY: 10 MRSA 969-A(14)
PUBLIC HEARING: None, a public hearing would be held if requested by five (5) or more interested persons.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before June 27, 2005.
RULE TITLE OR SUBJECT: Ch. 105, Secondary Market Tax-Exempt Bond Program REPEAL
PROPOSED RULE NUMBER: 2005-P116
CONCISE SUMMARY: Full repeal of rule in connection with provisions being added to other Authority Rules to govern loans or bonds formerly covered by this rule.
STATUTORY AUTHORITY: 10 MRSA 969-A(14)
PUBLIC HEARING: None, a public hearing would be held if requested by five (5) or more interested persons.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before June 27, 2005.
RULE TITLE OR SUBJECT: Ch. 106, Agricultural Operating Loan Insurance Program - Repeal of Rule; PROPOSED RULE NUMBER: 2005-P117
CONCISE SUMMARY: This rule is being repealed based upon lack of funding and use.
STATUTORY AUTHORITY: 10 MRSA 969-A(14)
PUBLIC HEARING: None, a public hearing would be held if requested by five (5) or more interested persons.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before June 27, 2005.
RULE TITLE OR SUBJECT: Ch. 201, Amendment 8, Municipal Securities Approval Program
PROPOSED RULE NUMBER: 2005-P118
CONCISE SUMMARY: The rule amendment restructures the fees imposed under the program, and makes minor changes to project eligibility and application requirements.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), 1061 et seq.
PUBLIC HEARING: 10:00 a.m., June 16, 2005 at Bluenose Inn, 90 Eden Street, Bar Harbor, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before June 16, 2005 but will be accepted on or before June 27, 2005. Oral or written comments may be presented at the hearing.
RULE TITLE OR SUBJECT: Ch. 202, Revenue Obligation Securities Program, Amendment 15
PROPOSED RULE NUMBER: 2005-P119
CONCISE SUMMARY: The rule amendment restructures the fees imposed under the program; clarifies that securities requiring credit enhancement require application and approval under Ch. 101 of the Rules of the Finance Authority of Maine; and makes minor changes to the application and approval requirements and processes.
STATUTORY AUTHORITY: 10 MRSA 969-A(14) and 1043.
PUBLIC HEARING: 10:00 a.m., June 16, 2005 at Bluenose Inn, 90 Eden Street, Bar Harbor, Maine.
DEADLINE FOR COMMENTS: Written comments are requested on or before June 16, 2005, but will be accepted on or before June 27, 2005. Oral or written comments may be presented at the hearing.
RULE TITLE OR SUBJECT: Ch. 305, Oil Storage Facility and Tank Program, Amendment 6
PROPOSED RULE NUMBER: 2005-P120
CONCISE SUMMARY: Effective January 1, 2005, PL 2004, Ch 537 eliminated a special loan insurance program for oil storage facility and tank replacement projects, instead making such projects eligible under a combined multi-purpose loan insurance program. The amendment implements these changes.
STATUTORY AUTHORITY: 10 MRSA 969-A(14), and 1023-D(3)
PUBLIC HEARING: None unless requested by five (5) or more interested parties.
DEADLINE FOR COMMENTS: Written comments are requested will be accepted on or before June 27, 2005.
RULE TITLE OR SUBJECT: Ch. 306, Maine Opportunity Job Grants Program - Repeal of Rule
PROPOSED RULE NUMBER: 2005-P121
CONCISE SUMMARY: The rule is being repealed based upon lack of current funding and use.
STATUTORY AUTHORITY: 10 MRSA 969-A(14)
PUBLIC HEARING: None, a hearing would be held at the request of 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before June 27, 2005.
RULE TITLE OR SUBJECT: Ch. 308, Overboard Discharge Replacement Program - Repeal of Rule
PROPOSED RULE NUMBER: 2005-P122
CONCISE SUMMARY: This program is being repealed due to lack of funding and use, and because eligibility for such projects for insured loans has been added to the Authority's general loan insurance program.
STATUTORY AUTHORITY: 10 MRSA 969-A(14)
PUBLIC HEARING: None. A hearing would be held at the request of 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before June 27, 2005.
RULE TITLE OR SUBJECT: Ch. 310, Waste Oil Furnace Loan Program Repeal
PROPOSED RULE NUMBER: 2005-P123
CONCISE SUMMARY: The rule is being repealed based upon lack of current funding and use.
STATUTORY AUTHORITY: 10 MRSA 969-A(14)
PUBLIC HEARING: None. A hearing would be held at the request of 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before June 27, 2005.
RULE TITLE'OR SUBJECT: Ch. 316, Amendment 1, Clean Fuel Vehicle Program
PROPOSED RULE NUMBER: 2005-P124
CONCISE SUMMARY: Effective January 1, 2005, PL 2004, Ch. 537 eliminated a special loan insurance program for clean fuel vehicle projects, instead making such projects eligible under a combined multi-purpose loan insurance program. The amendment implements these changes.
STATUTORY AUTHORITY: 10 MRSA 969-A(14) and 1023-K
PUBLIC HEARING: None, a hearing would be held at the request of 5 or more interested parties.
DEADLINE FOR COMMENTS: Written comments will be accepted on or before June 27, 2005.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY CONTACT PERSON: Christopher H. Roney, Deputy General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, ME 04332-0949.
TELEPHONE: (207) 623-3263
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 601, Amendment 9, Maine State Grant Program
ADOPTED RULE NUMBER: 2005-157
CONCISE SUMMARY: The rule amendment clarifies the 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, (b) removes payment of in-state tuition at public institutions of higher education as an indicia of residency in Maine; and (c) creates a process for reconsideration if the Authority determines a student is not a resident of the State. The rule amendment 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 also clarifies the number of grants an individual may receive.
CHAPTER NUMBER AND TITLE: Ch. 611, Maine College Savings Program, Amendment 7
ADOPTED RULE NUMBER: 2005-158
CONCISE SUMMARY: The rule amendment makes various changes to the NextGen Scholarship Program and the Matching Grant Program, and incorporates a recent change in federal law affecting the definition of "early termination event."
EFFECTIVE DATE: May 21, 2005
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, ME 04332-0949
TELEPHONE: (207) 623-3263
TDD: (207) 626-2715
FAX: (207) 623-0095


AGENCY: 02-313 - Board of Dental Examiners (affiliated with the Department of Professional & Financial Regulation)
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to Dental Hygienists
ADOPTED RULE NUMBER: 2005-159
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 a local anesthesia permit, and to clearly identify duties dental hygienists are allowed to perform under Public Health Supervision status.
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Relating to Dental Assistants
ADOPTED RULE NUMBER: 2005-160
CONCISE SUMMARY: This amendment will allow dental assistants to change/replace dry socket packets after diagnosed and treatment planned by the dentist.
CHAPTER NUMBER AND TITLE: Ch. 3, Rules Relating to the Practice of Denturism
ADOPTED RULE NUMBER: 2005-161
CONCISE SUMMARY: This amendment deletes all sections and language pertaining to denturist permits, which have not been in effect since January 1, 2000. It also eliminates references to an oral health certificate, as it is no longer required by statute.
CHAPTER NUMBER AND TITLE: Ch. 7, False and Misleading Advertising
ADOPTED RULE NUMBER: 2005-162
CONCISE SUMMARY: An amendment to include denturists in this rule which relates to advertisements for professional dental corporations.
CHAPTER NUMBER AND TITLE: Ch. 8, Complaints
ADOPTED RULE NUMBER: 2005-163
CONCISE SUMMARY: To amend the rule to add three items to the list of items under the heading of unprofessional conduct regarding the following:
- timeline for release of patient records
- failure to adhere to current Center for Disease Control (CDC) guidelines for infection control
- Failure to respond to the Board when a time frame for doing so is prescribed by law, and failure to provide the Board with treatment records at the Board's request
CHAPTER NUMBER AND TITLE: Ch. 9, Licensure Requirements for Dental Radiographers
ADOPTED RULE NUMBER: 2005-164
CONCISE SUMMARY: To amend the rule to include a requirement for re-issuing a license to a dental radiographer whose license has been lapsed for mote than five years.
CHAPTER NUMBER AND TITLE: Ch. 10, Requirements for Licensure for Dental Hygienists
ADOPTED RULE NUMBER: 2005-165
CONCISE SUMMARY: To amend the rule to delete the requirement of a personal interview for applicants for licensure who provide proof to the Board of overseas military deployment.
CHAPTER NUMBER AND TITLE: Ch. 11, Educational Requirements for Licensure
ADOPTED RULE NUMBER: 2005-166
CONCISE SUMMARY:
- Add provisions for accepting other state and regional examinations or a national examination as part of the licensure requirement
- Add a provision for waiver of a personal interview requirement for licensure
- To delete the section relating to licensure requirement for foreign-trained dentists as it is repetitive and redundant
- To correct some typographical errors
CHAPTER NUMBER AND TITLE: Ch. 12, Continuing Dental Education
ADOPTED RULE NUMBER: 2005-167
CONCISE SUMMARY:
- Increase the continuing education requirement for dental hygienists in order to conform to statute
- Include the requirement of CPR certification or re-certification for all new licensees and all renewals of licensure
- Accept some clinically applied home study courses for category I credit
CHAPTER NUMBER AND TITLE: Ch. 13, Rules for Use of General Anesthesia/Sedation by Dentists
ADOPTED RULE NUMBER: 2005-168
CONCISE SUMMARY:
- More clearly define and update the criteria and requirements for a dentist to qualify for a permit to administer conscious sedation
- Include that any morbidity or mortality reports submitted to the Board by licensees must be in writing
CHAPTER NUMBER AND TITLE: Ch. 14. Mortality or Life Threatening Situations in a Dental Office
ADOPTED RULE NUMBER: 2005-169
CONCISE SUMMARY: To amend the rule to include that a morbidity or mortality report submitted to the Board by a licensee must be in writing.
EFFECTIVE DATE: May 21, 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: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 2.05, Rules Pertaining to Bass Fishing Tournaments
ADOPTED RULE NUMBER: 2005-170
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted a rule to require that all bass retained during a bass fishing tournament be kept in a livewell being operated with the pump(s) in a mode that constantly exchanges livewell water with fresh lake or river water as a flow-through system, except when boats are being operated under power of the main outboard while changing locations or when boats are being brought to shore immediately prior to weigh-in, at which time they shall be operated in a manner that aerates a fixed volume of water in the livewell.
EFFECTIVE DATE: May 22, 2005
AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries and Wildlife
ADDRESS: 284 State Street, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 10-144 - Department of Health and Human Services, Bureau of Family Independence
CHAPTER NUMBER AND TITLE (Emergency Rules):
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
ADOPTED RULE NUMBER: 2005-171, 172, 173
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.
EFFECTIVE DATE: May 20, 2005
AGENCY CONTACT PERSON: Robert Thibodeau, 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